The Spanish National Court annuls a merger control clearance decision because the notification thresholds were not reached (Consenur / Ecotec)

The Spanish National Court (Audiencia Nacional, "AN") adopted a judgment on 19 September 2012 annulling the Decision of the Spanish National Competition Commission (Comisión Nacional de la Competencia, "CNC") of 10 March 2010 that authorised the concentration consisting in the acquisition by Consenur of Ecotec. According to the CNC, Consenur committed a gun-jumping infringement in this case, since it implemented the concentration before the date of the notification. Thus, the CNC imposed on Consenur a € 46,500 fine. Consenur lodged an appeal against the fining Decision and the AN

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Alberto Escudero, The Spanish National Court annuls a merger control clearance decision because the notification thresholds were not reached (Consenur / Ecotec), 19 September 2012, e-Competitions September 2012, Art. N° 57365

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