CASE COMMENTS: EUROPEAN AND FOREIGN LAW - SPAIN - ANTICOMPETITIVE AGREEMENTS - MARKET DEFINITION

Spain: The Audiencia Nacional finds that the conduct attributed to the association did not fit into the provisions prohibiting anticompetitive agreements and thus annulled the decision of the Spanish Competition Authority (Asociación de Clubs de Baloncesto)

The Audiencia Nacional has accepted the appeal brought by the Spanish Basketball Clubs Association ( Asociación de Clubs de Baloncesto or “ACB”) and has quashed a decision of the Spanish Competition Authority [“CNMC”], to impose a fine on the ACB for implementing agreements which imposed unequal, disproportionate and discriminatory economic-administrative conditions on basketball clubs being promoted to the ACB League [“Liga ACB”], the Spanish first division male basketball league (Audiencia Nacional, judgment of 29 June 2021, appeal nº 413/2017). The appeal from the ACB stems from an investigation carried out by the CNMC following a complaint filed by a Spanish basketball club, Club Baloncesto Tiziona, who claimed that the ACB had infringed Article 1 of the Spanish Competition Act [“LDC”],

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Rafael Allendesalazar, Spain: The Audiencia Nacional finds that the conduct attributed to the association did not fit into the provisions prohibiting anticompetitive agreements and thus annulled the decision of the Spanish Competition Authority (Asociación de Clubs de Baloncesto), 29 June 2021, Concurrences N° 4-2021, Art. N° 103468, pp. 186-187

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