The Spanish Supreme Court deals with allegations of abuse of dominant position and refusal to supply derived from former legal monopolies of tobacco products (McLane España / Tabacalera)

Introduction The present case reveals the challenges posed by the implementation of de-regulatory measures. Indeed, after many years of granting a legal monopoly over the manufacturing and distribution of tobacco products, Spain decided to supersede it by opening such market to new competitors, such as McLANE ESPAÑA, who experienced the resistance of a former monopolist, prompting her to resort to the Competition authorities for redress. Background Of The Case The Spanish Act 38 of 1985 established a free competition regime for the import and wholesale distribution of tobacco products imported from the European Community; however it maintained a monopoly in their manufacture as well as in the distribution of those products imported from States other than EC members. Such monopoly

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • University College London

Quotation

Andrea Mackielo, The Spanish Supreme Court deals with allegations of abuse of dominant position and refusal to supply derived from former legal monopolies of tobacco products (McLane España / Tabacalera), 3 March 2009, e-Competitions March 2009, Art. N° 30033

Visites 982

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues