CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN – CARTELS – INSPECTIONS – INCIDENTAL FINDING

Spain: The Supreme Court states that its “incidental finding” doctrine is not applicable when the inspection order is too vague (S. Solis, Hijos de Demetrio Fernández, Unión de Empresas de Recuperación)

The Spanish Supreme Court has annulled three paper waste cartel fines because the “incidental finding” doctrine was not applicable to the evidence that led to the initiation of proceedings and which was found in the inspections carried out in a different investigation. In November 2014 the Spanish Competition Authority (“CNMC”) fined several paper waste management companies and an industry association for a single continuous infringement of Articles 101 TFEU and 1 of the Spanish Competition Act (“LDC”) consisting of client sharing, price fixing and sharing of resources and strategic information in the market for paper waste collection (Case S/430/12). The opening of the case which led to the said decision was triggered by an investigation undertaken by the CNMC in June 2012 in the

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Paloma Martínez-Lage Sobredo, Spain: The Supreme Court states that its “incidental finding” doctrine is not applicable when the inspection order is too vague (S. Solis, Hijos de Demetrio Fernández, Unión de Empresas de Recuperación), 25 February 2019, Concurrences Review N° 2-2019, Art. N° 90510, pp. 199-200

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