The Supreme Court of Spain rules that the ‘fortuitous discovery' doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)

Vérgez Muñoz, Carlos

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16 Jul 2018

The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL)

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References

Spanish Supreme Court, IRMASOL, n°6696/2018, 16 July 2018

Spanish Supreme Court, Alba Servicios Verdes, n°578/2018, 16 July 2018

Spanish Supreme Court, UDER, n° 2593/2018, 9 July 2018

Spanish Supreme Court, Ramón Vilella, n° 88/2018, 18 June 2018

Spanish Supreme Court, Hijos De Demetrio Fernandez, n° 6442/2017, 11 June 2018

Spanish Supreme Court, Recuperación de Papeles Hermanos Fernández, n°362/2018, 2 July 2018

Between June and July 2018, the Spanish Supreme Court has granted leave to proceed to several appeals in competition law cases by means of Orders that recognised the special cassation relevance of the ‘fortuitous discovery’ doctrine. In these appeals, the Supreme Court will analyse the substance of the issue to further develop the case law pursuant thereto. The ‘fortuitous discovery’ doctrine states that the evidence gathered during an adequate and proportional inspection by Competition Authorities (such as the Spanish Competition Authority - “CNMC”) may be used in separate infringement proceedings. [1] This doctrine is also found in the European Court of Justice (“ECJ”) case law, ever since the Dow Benelux judgment established that “it cannot be concluded that the Commission is barred from

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Author

Carlos Vérgez Muñoz
CMS Albiñana y Suárez de Lezo (Madrid)

Spain 12 contributions 3077 visits

Quotation

Carlos Vérgez Muñoz, The Supreme Court of Spain rules that the ‘fortuitous discovery’ doctrine holds special cassation relevance and admits several appeals to clarify and develop this doctrine (IRMASOL), 16 July 2018, e-Competitions Mergers & Joint ventures, Art. N° 88657

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