The Spanish High Court considers that the Competition Authority has erred in considering that an individual’s public statements amount to a collective price recommendation (CEOE)

On October 15, 2013, the Spanish High Court issued judgment 4581/2013 regarding Mr. Gaspart’s appeal against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), [1] of September 26, 2012. The High Court considered that the CNC had erred in considering that Mr. Gaspart’s public statements amounted to a collective price recommendation. Background On September 26, 2012, the CNC fined the Confederación Española de Organizaciones Empresariales (“CEOE”) [2] and Mr. Gaspart, CEOE Vice-president and President of the Tourism Section of the CEOE, for a collective price recommendation. At the time of the events, Mr. Gaspart was also president of the Spanish hotel group HUSA. The facts involving Mr. Gaspart relate to his participation in a roundtable at the

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Cristina Vila Gisbert, The Spanish High Court considers that the Competition Authority has erred in considering that an individual’s public statements amount to a collective price recommendation (CEOE), 15 October 2013, e-Competitions October 2013, Art. N° 68829

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