CASE COMMENTS: EUROPEAN AND FOREIGN LAW - SPAIN - ANTI-COMPETITIVE AGREEMENTS - DOMINANCE - NE BIS IN IDEM

Spain: The Audiencia Nacional finds that the Spanish Competition Authority did not infringe the non bis in idem principle when fining state-owned railway company for anticompetitive agreements and abuse of dominant position in the same decision (Renfe)

The Audiencia Nacional has dismissed the appeal filed by the state-owned railway operator Renfe against a decision of the Spanish Competition Authority [“CNMC”] as it considered that the two sanctions imposed on the appellant, for infringing Articles 1 and 2 of the Spanish Competition Act [“LDC”], did not violate the non bis in idem principle (Audiencia Nacional, judgment of 23 July 2021, appeal nº 1/2017). In February 2017, the CNMC fined Renfe, Deutsche Bahn and several railway companies of both groups EUR 76.5 million for hindering the liberalisation of rail cargo transport. The CNMC found, firstly, that Renfe and some entities of the Deutsche Bahn Group had adopted agreements which contained clauses fixing the commercial conditions for rail cargo services. This entailed that these

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Rafael Allendesalazar, Spain: The Audiencia Nacional finds that the Spanish Competition Authority did not infringe the non bis in idem principle when fining state-owned railway company for anticompetitive agreements and abuse of dominant position in the same decision (Renfe), 23 July 2021, Concurrences N° 4-2021, Art. N° 103474, pp. 189-190

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