CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – SPAIN – FOLLOW-ON DAMAGES CLAIMS – PRESUMPTION OF HARM

Spain: The Commercial Court of Barcelona grants damages to three entities in several follow-on claims based on a 2013 cartel decision from the Spanish Competition Authority (Misiones Salesianas / ADVEO ; CIFDSA / ADVEO ; Mutua Madrileña Automovilista / ADVEO)

In March 2013 the Spanish Competition Authority (the “CNMC”) fined several paper envelope manufacturers for a single continuous infringement of Articles 101 TFEU and 1 of the Spanish Competition Act from 1977 to 2010 consisting of (i) price fixing and market sharing agreements regarding envelopes for elections, (ii) price fixing and market sharing agreements regarding white envelopes (also known as catalogue or stock envelopes), (iii) market sharing agreements as regards special (or bespoke) envelopes for large public and private customers and (iv) agreements limiting technological development in the paper envelopes sector. In 2015, several customers of the envelopes manufacturers who considered themselves affected by the infringement filed damage claims before the Commercial Courts in

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Rafael Allendesalazar, Paloma Martínez-Lage Sobredo, Spain: The Commercial Court of Barcelona grants damages to three entities in several follow-on claims based on a 2013 cartel decision from the Spanish Competition Authority (Misiones Salesianas / ADVEO ; CIFDSA / ADVEO ; Mutua Madrileña Automovilista / ADVEO), 5 September 2018, Concurrences Review N° 1-2019, Art. N° 89427, pp. 210-212

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