CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW - SPAIN - CARTEL - RELATED MARKETS - LIABILITY

Spain: The Spanish Supreme Court confirms that undertakings not active in the market affected by the cartel can be part of the infringement (Textil Planas Oliveras)

The Spanish Supreme Court has overturned a judgment of the Audiencia Nacional, finding that the decision of the Spanish Competition Authority (“CNMC”) did not err in sanctioning a company that participated in the infringement actively and knowingly, even though it does not compete in the affected market. In May 2016 the CNMC imposed fines on eight companies, a sector association, and four managers for a cartel in the market for the distribution of adult diapers through pharmacies for outpatients. In particular, the conducts consisted in price-fixing, market sharing and fixing of commercial conditions. In 2018 the Audiencia Nacional rejected the appeals brought by most of the undertakings and confirmed the CNMC decision. However, one of the appeals was accepted after the Audiencia

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Paloma Martínez-Lage Sobredo, Spain: The Spanish Supreme Court confirms that undertakings not active in the market affected by the cartel can be part of the infringement (Textil Planas Oliveras), 21 May 2020, Concurrences N° 3-2020, Art. N° 96133, pp. 190-191

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