The Spanish Supreme Court declares a dawn raid illegal because Competition Authority officials did not inform the company that the search warrant had been previously denied (Montibello)

On June 15, 2015, the Spanish Supreme Court issued judgment number 1407/2014 on the Cosmética Cosbar S.L. (“Montibello”) appeal against a National High Court judgment, which confirmed the decision of the Comisión Nacional de la Competencia (former Spanish Competition Commission, “CNC”) of March 2, 2011 (case S/0086/08 Peluquería Profesional). The Spanish Supreme Court upheld the appeal, as it found the dawn raid at Montibello was illegal because the CNC had not informed the undertaking that the judicial authorization for the inspection had been denied. Background In June 2008, the CNC was denied a request for a judicial search warrant to raid

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Maria Lopez Ridruejo, Iratxe Aguirre de la Cavada, The Spanish Supreme Court declares a dawn raid illegal because Competition Authority officials did not inform the company that the search warrant had been previously denied (Montibello), 15 June 2015, e-Competitions June 2015, Art. N° 81471

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