Spain: The Audiencia Nacional rules that the Spanish Competition Authority must inform the undertakings whether it has previously requested and obtained a judicial authorization (Altadis)

The Audiencia Nacional has upheld the appeal brought by several tobacco firms belonging to the Altadis group against the Investigation Order issued by the Competition Directorate [“CD”] of the Spanish Competition Authority [“CNMC”], thus annulling the dawn raid carried out at the premises of these firms in February 2017 (Audiencia Nacional, Judgment of 20 May 2021, appeal nº 506/2017) On 15 February 2017, the CD issued an Order authorising its officials to carry out a dawn raid at the premises of several companies belonging to the Altadis group (Altadis, Imperial Tobacco España, Tabacalera and Altadis Canarias) for their presumed participation in restrictive practices prohibited under Article 1 of the Spanish Competition Act [“LDC”] and Article 101 of the TFEU. On 18 May 2017, the