The Spanish Supreme Court confirms passing on defence subject to strict conditions in the second follow-on claim for an infringement of Antitrust rules against a cartel in the sugar sector (Spanish Sugar Cartel / TS Ebro)

I. Facts: The Spanish Supreme Court, Tribunal Supremo, issued on 7 November, 2013 the second ruling about a follow-on damage claim against the Spanish Sugar Cartel [1]. These claims were filed in the year 2007 before the local court of Madrid by several sweets and food producers against the sugar producer Ebro Foods. The dispute followed an infringement decision adopted in 1999 by the Spanish Competition Authority and subsequently confirmed by the Audiencia Nacional and the Supreme Court in the year 2006. The decision found that from 1995 to 1996 sugar manufacturers had fixed prices, allocated markets and customers in Spain in breach of competition law. In the year 1996 various

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  • 3C Compliance (Madrid)

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Julia Suderow, The Spanish Supreme Court confirms passing on defence subject to strict conditions in the second follow-on claim for an infringement of Antitrust rules against a cartel in the sugar sector (Spanish Sugar Cartel / TS Ebro), 7 November 2013, e-Competitions Bulletin November 2013, Art. N° 66015

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