The Spanish Competition Court of Appeal annuls the Competition Authority’s decision fining a natural gas supplier on the basis of Art. 82 EC for impeding third parties access to regasification capacities (Gas Natural)

Introduction On June 2006, the Tribunal de Defensa de la Competencia - TDC - (the second-tier competition authority) imposed a hefty fine of 8 million euro for an abuse of a dominant position to one of the leading companies within the gas industry in Spain, Gas Natural. Gas Natural further appealed the TDC decision, and last 13 March 2007, the Audiencia Nacional (court of appeal for the decisions adopted by the TDC in Spain) finally revoked the fine. The ruling by the Audiencia Nacional seems to confirm the stricter interpretation recently adopted by this instance regarding the requirements needed to determine the existence of an abusive

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Margarita Fernandez Alvarez-Labrador, The Spanish Competition Court of Appeal annuls the Competition Authority’s decision fining a natural gas supplier on the basis of Art. 82 EC for impeding third parties access to regasification capacities (Gas Natural), 13 March 2007, e-Competitions March 2007, Art. N° 14012

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