CASE COMMENTS : EUROPEAN AND INTERNATIONAL LAW - SPAIN - HORIZONTAL AGREEMENTS - FINES - FUNDAMENTAL RIGHTS

Spain: The Spanish Supreme Court confirms an extensive interpretation of the concept of “governing body” of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Mr. Cesar; Mr. Daniel)

In two recently issued judgments the Spanish Supreme Court upheld two judgments of the Audiencia Nacional confirming the fines imposed by a decision of the Spanish Competition Authority (“CNMC”) on two managers in a case regarding anticompetitive agreements in the market for railway turnouts. In a decision dated 30 June 2016 (case S/0519/14, Infraestructuras ferroviarias), the CNMC fined four companies (Amurrio Ferrocarril y Equipos, S.A., JEZ Sistemas Ferroviarios, S.L., Talleres Alegría, S.A. and Duro Felguera Rail, S.A.U.) and nine managers for a single and continuous infringement of Articles 101 TFEU and 1 of the Spanish Competition Act (“LDC”). The Chairman and the Deputy Secretary of the Board of Amurrio, who were among the nine managers sanctioned in the decision, lodged appeals

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Paloma Martínez-Lage Sobredo, Spain: The Spanish Supreme Court confirms an extensive interpretation of the concept of “governing body” of an infringing legal person and finds no breach of fundamental rights in publishing the names of the managers fined in a decision of the competition authority (Mr. Cesar; Mr. Daniel), 28 March 2019, Concurrences N° 3-2019, Art. N° 91284, pp. 200-201

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