Callol, Coca & Asociados (Madrid)

Pedro Callol

Callol, Coca & Asociados (Madrid)
Lawyer (Partner)

Pedro is a dual qualified (Spain and England and Wales) lawyer with twenty years of specialist antitrust, trade regulation and transactional experience. Previously (2008-2014) a corporate partner leading the EU & competition practice of one of Spain’s larger law firms. Before that (2002-2008) he created and led the EU & competition practice of a London magic circle law firm in Spain. Prior to that he worked with Arnold & Porter in Washington, D.C. and London (1999-2002), and before that he trained with some of Spain’s best practitioners in Madrid and Brussels. Law Degree Universidad Complutense and Business degree San Pablo University (Madrid). Law graduate, University of Chicago Law School (Fulbright – Banco Santander scholar). Master in European law, College of Europe, Bruges (sponsored by the Spanish Ministry of Foreign Affairs). He is author of several specialist publications and is the Spanish correspondent of the European Competition Law Review. Board Member of the Fulbright Alumni Association in Spain and Secretary of the Board of University of the Chicago Alumni Association of Spain. Member of the Advisory Board of the American Antitrust Institute in Washington, DC. He reads specialist seminars in the Carlos III and San Pablo Law Schools and regularly speaks on other academic and business venues including the ABA, IBA and UIA.

Auteurs associés

Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)
Callol, Coca & Asociados (Madrid)

Articles

33837 Bulletin

Pedro Callol The Spanish Government updates foreign investment screening regime in light of COVID-19 and prohibits or severely limits the foreign acquisition of companies active in sectors related to public order, public security or public health

314

The rapid spread of Covid-19 has led to its consideration as a global pandemic. Spain, currently at the epicenter of the crisis, has declared the state of alarm last Sunday. To ease the effects of the Covid-19 crisis in the economy, the Spanish Government approved yesterday Royal Decree-Law (...)

Pedro Callol The Spanish Competition Authority fines eight companies that operate in the raw milk market for entering into an anticompetitive information exchange agreement (Industrias Lácteas 2)

98

On 12 July 2019, the CNMC found that the main milk producers had entered into anticompetitive information exchanges (at the national and regional level) on raw cow milk purchase prices and volumes purchased from farmers and milk suppliers. Altogether, the fines amount to €80.6 million. The said (...)

Pedro Callol The Catalan Competition Authority fines a professional association in the fish and seafood market for the coordination of the sales conditions on its members regarding the sales made to fish retailers (Mayoristas Mercado Central de Pescado)

72

Under the constitutionally decentralized administrative law system in Spain, some Spanish regions have assumed competition enforcement powers regarding conduct which scope is limited to their respective territories. The Catalan Competition Authority (ACCO) has declared that the Association of (...)

Pedro Callol The Spanish Competition Authority fines a company for engaging in misleading conduct contrary to the principles of good faith and professional diligence (Endesa Energía)

181

The NMCC has fined Endesa Energía XXI €5.5 million, for using the electricity bills as a tool to promote services of other group companies. In the past, the electricity market in Spain was fully regulated, and all prices were set by the Government. However, in the late 90s the sector was (...)

Pedro Callol The Spanish Competition Authority seeks a preliminary ruling from the CJEU in connection with the framework agreement for the cargo handling sector (Acuerdo Marco de la Estiba)

70

The CNMC has requested a preliminary ruling from the CJEU on the legality of the proposed stevedoring framework agreement, within the context of the ongoing investigation launched by the said Authority in November 2017 (file S/DC/0619/17, Acuerdo Marco de la Estiba). The move is remarkable, (...)

Pedro Callol The Spanish Competition Authority fines non-university textbook publishers and an association for allegedly creating a mechanism to coordinate commercial policies and terms and conditions of trade (ANELE)

89

The NMCC has declared that the association ANELE and all the publishers under investigation have breached Article 1 SCA and Article 101 TFEU, in relation to (i) the adoption and implementation of ANELE’S Code of Conduct (CoC), which restricted promotional activities ; and (ii) digital books, due (...)

Pedro Callol The Spanish Competition Authority fines a company for abuse of dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (SGAE)

216

The NMCC has fined the Spanish Society of Authors, Composers and Publishers (SGAE) €2.95 million for abusing its dominant position in the management and exploitation of intellectual property rights of authors and publishers of musical and audiovisual works (Articles 2 SCA and 102 TFEU). The (...)

Pedro Callol The Spanish Supreme Court issues judgement on the principle of individual nature of fines by assessing a €42 million fine to the parent company of an energy group (Repsol)

104

In 2015, the NMCC imposed two fines on Repsol S.A. (Repsol), the parent company of the energy group, amounting to €20 and €22.5 million for coordinating prices through exchanges of information with competitors and for fixing of fuel prices at service stations, respectively. Repsol appealed the (...)

Pedro Callol The Spanish Competition Commission fines tobacco manufacturers for an anticompetitive exchange of strategic information (Philip Morris / Altadis / JT International Iberia / Logista)

203

The Spanish National Markets and Competition Commission (NMCC) has fined Spain’s main tobacco manufacturers, Philip Morris, Altadis, JT International Iberia, as well as wholesaler Logista for an anticompetitive exchange of strategic information. Logista facilitated immediate access to its daily (...)

Enrique Fayos, Jorge Manzarbeitia, Pedro Callol The Commercial Courts of Barcelona and Madrid render judgements in follow-on suits against a cartel in the envelopes market (Sobres de Papel)

217

Update on damages claims in Spain - paper envelope cartel damages recovery. Several rulings have been issued by Spanish lower courts shedding light on key aspects of antitrust damages claims, such as the treatment of evidence concerning the calculation of compensation for damages. Also the (...)

Pedro Callol The Spanish National Markets and Competition Commission fines five companies and three company executives for bid-rigging of public tenders for institutional advertising services (Agencias de Medios)

94

On 7 May 2018, the NMCC imposed fines amounting to €7.12 million upon five companies : Carat España, S.A.U, Inteligencia y Media, S.A. (YMEDIA), Media By Design Spain, S.A. (MEDIA BY DESIGN), Media Sapiens Spain, S.L. and Persuadé Comunicación, S.A. and three of their managers or legal (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya The EU Commission fines €125 million a multinational cable and telecommunications company for gun jumping (Alice / PT Portugal)

13

On 24 April 2018, the European Commission (EC) fined Altice €124.5 million (the highest fine imposed in Europe for gun-jumping) for the acquisition of PT Portugal without having notified the operation to the EC and obtained the mandatory clearance. In February 2015, Altice notified to the EC (...)

Pedro Callol, Jorge Manzarbeitia, Enrique Fayos, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines ten courier and parcel companies for participating in a customer-allocation cartel (Mensajeria y Paqueteria Empresarial)

17

On 8 March 2018, the NMCC fined ten courier and parcel companies a total of €68 million for participating in a customer-allocation cartel, in breach of Articles 1 of the Spanish Competition Act (SCA) and 101 of the Treaty on the Functioning of the European Union (TFEU). Some of the companies (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Laura Moya, Enrique Fayos The Spanish Supreme Court rejects the allegations of abuse of dominance by a postal incumbent for lack of evidence (Correos)

12

In 2014, UNIPOST, S.A. (Unipost) filed a complaint before the NMCC against Sociedad Estatal de Correos y Telegrafos, S.A., (Correos) denouncing that Correos was able to offer discounts to large customers, well above the discounts offered by Unipost and other competitors for similar services, (...)

Pedro Callol The Spanish Competition Authority orders Spain’s most important railway company to comply with several remedies to ensure competition in the transport of goods (Renfe)

9

The Private Railway Companies Association (representing most of Renfe’s competitors) filed a complaint against Renfe before the NMCC denouncing the situation created by Renfe after calls for tenders in 2015 and 2016. The NMCC has adopted a Resolution in which it orders Renfe to comply with a (...)

Pedro Callol The EU Court of Justice rules that a company providing an intermediation service based both on the selection of non-professional drivers and on the utilisation of its application which conditions the access at the transport service, shall be considered as a transport company (Elite Taxi / Uber)

13

In 2014, Elite Taxi brought an action before the Commercial Court No 3 of Barcelona seeking a declaration from that court stating that Uber was infringing transport regulation in force and the Spanish Unfair Competition Act. Central to the discussion was whether or not Uber requires prior (...)

Pedro Callol The EU Court of Justice reminds that the Commission must establish the condition of selectivity of the advantage which is assessed legally and factually in State aids litigation (Comunidad Autónoma de Galicia / Retegal)

18

The case concern a series of measures implemented by the Spanish authorities in relation to the switch-over from analogue broadcasting to digital broadcasting throughout Spain. The Spanish authorities divided the Spanish territory into three separate areas : “Area I”, “Area II” and “Area III”. (...)

Pedro Callol The EU Court of Justice rules that the Commission commitments procedure does not preclude national Competition Authority or courts from applying EU competition law and considering any agreement anti-competitive (Gasorba / Repsol)

10

In its Judgment of 23 November 2017, the ECJ analysed the implications of the Commission commitments procedure (Article 9 of Council Regulation 1/2003) when it comes to the adjudication by national courts on the same facts. The commitments procedure is a mechanism whereby the European (...)

Pedro Callol The Spanish Competition Authority fines cable manufacturers and one trade association for their involvement in a cartel related to supply of low and medium voltage cables (Amara / Iberdrola / Cabelte...)

13

On 21 November 2017, the National Markets and Competition Commission (NMCC) imposed fines totalling €44.7 million on eleven undertakings and one trade association (the Spanish Association of Cable Manufacturers (FACEL) for their involvement in a cartel related to the supply of low and medium (...)

Pedro Callol The Spanish Competition Authority fines the national horse breeders association for abusing its dominant position on the markets of contest regulations and lineage management for purebred Spanish horses (National Association of Purebred Spanish Horse Breeders)

11

The NMCC has fined the National Association of Purebred Spanish Horse Breeders (ANCCE) € 187,677 for abusing its dominant position in the markets of contest regulations and lineage management for purebred Spanish horses. ANCCE is an association of purebred Spanish horses’ breeders, whose purpose (...)

Pedro Callol, Laura Moya, Jorge Manzarbeitia, Enrique Fayos, Manuel Canadas Bouwen The Spanish Supreme Court dismisses appeals by mobile operators and rules that the acquisition should have been notified for merger control (Orange / Simyo)

18

On 23 July 2013, the NMCC found France Telecom España, S.A.U. (Orange) guilty for having failed to notify for merger control the acquisition of the exclusive control of KPN Spain, S.L.U. (SIMYO). Spanish law states that concentrations that meet either one of the (turnover and market share) (...)

Pedro Callol The Spanish High Court rules that the constitutional principle of the individual nature of penalties precludes a parent company from being held to be the perpetrator of anti-competitive practices on the market in the motor fuels market solely because of its shareholding in the capital of its subsidiary (Repsol)

8

The High Court has upheld the appeal filed by Repsol S.A. (Repsol or Parent Company) against the decision of the NMCC declaring the Parent Company guilty of conduct carried out by its subsidiary Repsol Comercial de Productos Petrolíferos, S.A. (Subsidiary) (Decision of 2 July 2015, file S/484/13 (...)

Pedro Callol The Spanish Competition Authority closes the medical gases investigation due to insufficient evidence to establish anticompetitive practices (Abelló Linde / Air Liquide Medicinal / Conste / Praxair...)

11

The NMCC initiated an investigation on possible anti-competitive practices in the manufacturing and distribution of medical gases, consisting of market sharing, price fixing and the exchange of confidential information. The NMCC carried out dawn raids at Abelló Linde, S.A., Air Liquide (...)

Pedro Callol The Spanish Competition Authority closes proceedings through a commitments decision against a tonic water company in a case related to restrictions of parallel trade (Schweppes)

290

The NMCC has closed with commitments an investigation against Schweppes, S.A. related to restrictions of parallel trade. The Coca-Cola group and Orangina Schweppes Holding B.V. (OSHBV) share the ownership of the Schweppes trademark in the EU. Coca-Cola owns the Schweppes trademark in the UK (...)

Pedro Callol The Spanish government implements the EU antitrust damages directive

349

The government has issued an urgent Royal Decree-Law 9/2017 of 26 May (RDL) implementing Directive 2014/104/UE, of the European Parliament and the Council, of 26 November 2014 (Directive) into Spanish law. A Royal Decree-law is an instrument used by the government to legislate on matters that (...)

Pedro Callol The Spanish Competition Authority rules that a pay-tv operator should compensate its competitors for the excess payments for the rental of pay-tv channels, in the context of monitoring proceedings of a merger decision (Telefonica / DTS)

11

The NMCC has ordered Telefonica to compensate its competitors Vodafone, Telecable and Total Channel for the excessive wholesale prices paid for football channels Canal+ Liga and Canal+ Partidazo in the season 2015/2016. This order is in the context of monitoring proceedings of the merger (...)

Pedro Callol The Spanish Competition Authority fines the national basketball association for charging excessive, unequal and discriminatory economic conditions (Asociación de Clubes de Baloncesto)

10

On April 11th, the NMCC has condemned the Spanish Basketball Clubs Association (Asociación de Clubes de Baloncesto or ACB) for breaching the national provision on restrictive practices, Article 1 Competition Act. The ACB has been fined €400,000. According to the NMCC, the ACB forced excessive, (...)

Pedro Callol The Spanish Competition Authority fines a treatment and disposal of hazardous sanitary waste company for failing to notify an acquisition for antitrust approval (Consenur / Cathisa Medioambiente)

10

The NMCC has fined SRL Consenur, S.L.U. (Consenur) for having closed the acquisition of Cathisa Medioambiente, S.L., in August 2015 without having notified nor gained the relevant antitrust approval. The transaction was finally notified on June 2016. According to the Decision, the NMCC and (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Competition Authority fines two major undertakings operating in the rail-cargo market for anticompetitive practices (Renfe / Deutsche Bahn)

12

The SCA has imposed fines totalling €75.6 million on several companies operating the rail-cargo market, for practices contrary to Articles 1 and 2 of the Competition Act and Articles 101 and 102 TFEU (according to a recent press release by the NCA). Renfe and (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Competition Authority opens an investigation for possible abusive practices consisting on a refusal to supply certain pharmaceuticals and for excessive prices (Aspen)

25

On 3 February 2017, the SCA has initiated proceedings against Aspen Pharma Ireland Ltd, Aspen Pharmacare Holdings Limited and Aspen Pharma Trading Limited (Aspen) for possible abusive practices consisting on a refusal to supply certain pharmaceuticals and for excessive prices. The SCA also (...)

Pedro Callol The Madrid Commercial Court dismisses a lawsuit for unfair competition stating that a platform that focuses exclusively on private transport is not subject to transportation regulations (Confebus / Blablacar)

165

A First Instance Commercial Court dismisses the lawsuit filed against Blablacar for unfair competition stating that Blablacar is a platform that focuses exclusively on private transport and is therefore not subject to transportation regulations (Judgement of the Commercial Court of 2 February (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Supreme Court clarifies the interpretation of the principle of legitimate expectations in a ruling regarding an agreement in the wine market (Asevivaldepeñas)

16

On 29 November 2012, the SCA fined the Regional As Regional Association of Winemakers of Valdepeñas (ASEVIVALDEPEÑAS) for infringement of Articles 1 SCA and 101 TFEU (Decision). On review by the Supreme Court, ASEVIVALDEPEÑAS invoked the principle of legitimate (...)

Pedro Callol, Manuel Canadas Bouwen, Laura Moya, Jorge Manzarbeitia The Spanish Supreme Court upholds the fine imposed on a parent company held jointly and severally liable for the cartel behaviour of its subsidiary (Caprari)

19

The Supreme Court has upheld the appeal filed by Caprari SpA (Caprari or Parent Company) against the decision of the SCA declaring the Parent Company guilty of conduct carried out by its Spanish subsidiary Bombas Caprari S.A. (Bombas Caprari or Subsidiary) (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines two media companies for breaching commitments attached to two concentrations in the audiovisual market (Mediaset / Atresmedia)

12

The NMCC has imposed fines of € 3 million and € 2,8 million respectively on Gestión Telecinco S.A. (Mediaset) and Antena 3 Televisión S.A. (Atresmedia) for infringing the commitments to which the authorisations of both past acquisitions of sole control over Cuatro and La Sexta, respectively, were (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority ensures the principle of portability and fines a telecommunications company in the fixed telephone line market for preventing its users from switching their line operator (Orange)

11

The NMCC has fined Orange € 120,000 for preventing 525 users from switching their fixed telephone line operator between 2013 and 2014. Portability (the change of fixed telephony service provider keeping the same telephone number) is regulated as an essential right of users. According to the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The EU Court of Justice confirms the liability of cartel facilitators in a landmark decision concerning the heat stabilisers cartels (AC-Treuhand)

15

On 22 October 2015, the ECJ has issued a judgment on appeal against the European Commission (EC) decision in the Heat Stabilisers cartels (Commission v AC-Treuhand AG C-194/14 P). The ECJ stated that a fine can be imposed under Article 101 TFUE on a consulting firm for facilitating cartel (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Autorithy fines a company for failure to notify, taking into account that the actual market share resulting from the transaction in the market of diagnostic business of blood transfusions met the legal notification threshold (Grifols)

13

The NMCC has fined with € 106.500 Grifols for failure to comply with the obligation to notify a concentration subject to the minimis market share threshold (i.e., when the turnover of the target does not exceed the € 10 million the market share threshold increases up to 50%). In particular, the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority rules in two decisions that bar associations’ recommandations must comply with article 101 (Las Palmas Bar Association / Guadalajara Bar Association)

12

The NMCC has fined the Las Palmas Bar Association €19,400 for a collective recommendation on prices contrary to Article 1 of the Spanish Competition Act (SCA). Apparently, the Bar Association decided in favor of a member for having charged the professional fees calculated according to the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines twenty-one automobile manufacturing and distributing companies for exchanging highly confidential information as well as the two consulting companies involved in these exchanges (Fabricantes de automóviles)

12

The NMCC has imposed fines totalling €171 million on 21 automobile manufacturing and distributing companies in Spain, as well as two consulting companies, for anti-competitive practices (Decision of 23 July 2015, file S/0482/13). The NMCC considers that a single and continuous infringement of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines a leading telecommunication company and a major audiovisual company for a concerted action in the markets for the acquisition, resale and exploitation of audiovisual rights of regular football competitions (Telefónica / DTS)

17

The NMCC has imposed fines totalling €15.5 million on Telefónica and DTS for the unlawful marketing of football broadcasting rights (Decision of 23 July 2015, file S/0436/12). On 23 July 2015, the NMCC fined Telefónica España S.A.U (Telefónica) and DTS Digital S.A (DTS) for illegally agreeing on (...)

Pedro Callol, Jorge Manzarbeitia, Laura Moya, Manuel Canadas Bouwen The Spanish High Court annuls the decision of the Spanish Competition Authority fining the public postal operator for an abuse of dominant position consisting on margin squeeze due to lack of evidence (Correos)

11

On 21 January 2014, the NMCC fined € 8.17 million on Correos for abusing its dominant position on the wholesale market for postal services (access to the postal network) and on the retail market for postal services involving large senders (business customers) in Spain. The (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines eighteen companies and one trade association active in the markets of paper and corrugated cardboard manufacturing for anticompetitive practices qualified as a single and continuous infringement (Asociación española de fabricantes de envases y embalajes de cartón ondulado)

19

The NMCC has imposed fines totalling €57.7 million on 18 companies and one trade association active in the markets of paper and corrugated cardboard manufacturing (Decision of 18 June 2015, file S/0469/13). On 18 June 2015, the NMCC has fined 18 companies and one trade association for breaching (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court annuls two decisions of the Spanish Competition Authority because the evidence obtained during inspections were invalid because obtained as a result of the violation of a fundamental right (Trasmediterránea y Europa Ferrys)

15

The SC has annulled two NMCC decisions fining Transmediterránea (a Spanish shipping company that operates passenger and freight ferries). In particular, in two separate decisions (of November 2011 and February 2012) the NCC fined Transmediterránea €48.2 million for having participated in two (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Supreme Court annuls High Court judgments concerning a decennial liability insurance cartel (Compañias Seguro Decenal)

12

On 12 November 2009 the NMCC issued fines amounting to a total of € 120 million on several insurance and reinsurance companies for their participation in an arrangement to fix minimum prices for decennial liability insurance policies ; its application ; the performance of surveillance (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Government publishes a royal decree-law by means of which the distribution of the exploitation rights of audiovisual contents of professional football competitions is reformed

11

New Trade Regulation Applicable to the Marketing of Football Broadcasting Rights. A Competitive Outcome ? You may be forgiven for thinking that broadcasting of football (soccer) events in Spain is big business. With some world class football clubs, broadcasting rights owned by Spanish (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority approves an acquisition in the pay TV and telecommunications markets by a direct competitor in a second phase decision with commitments (Telefónica / DTS)

12

The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned by (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish High Court clarifies rules to calculate deadlines for punishing proceedings initiated by the Competition Authority

11

One of the features of the Spanish antitrust procedure is that the NMCC has in principle a limited time frame (18 months) from formal initiation of proceedings, to complete proceedings and issue a final administrative decision on the matter. In March 2015, the High Court held that the method (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines forty five car dealer companies for a cartel in the car distribution market (Toyota / Hyundai / Opel...)

17

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 9 m to 45 car dealer companies operating in the country’s car distribution market for an infringement of Article 1 of the Spanish Competition Act (SCA) (Decisions of 5 March 2015, files S/0486/13, S/0488/13 (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines various milk suppliers for exchanging information, coordinating pricing and allocating clientele (Industrias Lácteas 2)

11

The NMCC has imposed fines totalling EUR 88.2m on nine companies and two associations operating in the country’s raw cow milk supply market for an infringement of Article 1 of the Spanish Competition Act (SCA) and Article 101 TFEU. The NMCC initiated proceedings as a result of a report on the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen, Laura Moya The Spanish Competition Authority fines oil companies for entering into several anticompetitive agreements (Repsol)

15

On 20 February 2015, the NMCC sanctioned Repsol S.A., Disa Corporación Petrolifera S.A., Meroil S.A., Galp Energía España S.A., BP España S.A. and Compañía Española de Petróleos S.A.U. (CEPSA) for several infringements of Articles 1 of the Spanish Competition Act (SCA) and 101 TFEU. In particular, the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines thirty-nine companies and three trade associations active in the waste management and urban sanitation for collusive practices and anticompetitive agreements (FCC / CESPA / Urbaser / Valoriza..)

12

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 98.2 million on 39 companies and three trade associations active in the waste management and urban sanitation in Spain (Decision of 8 January 2015, file S/0429/12). According to the Directorate of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority (UNESA)

21

The Spanish Supreme Court annuls, in two landmark rulings, two decisions from the Competition Authority due to a violation of the fundamental right to inviolability of the home by the Authority The Supreme Court has annulled inspections carried out by the National Competition Commission (NCC) (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines three companies for a cartel concerning the supply of industrial bearings for railway vehicle to the national operating company of the Spanish railways (RENFE / SKF / Schaeffler / NSK)

11

The National Markets and Competition Commission (NMCC) has imposed fines totalling EUR 4 million upon three companies that supply bearings to RENFE, which had formed a cartel (Decision of 4 December 2014, file S/0453/12). The NMCC has imposed fines totalling EUR 4.057 million upon three (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority conditionally approves, in a second phase decision, a merger in the market of free online classified motor vehicle advertising platforms (Schibsted / Milanuncios)

14

The National Markets and Competition Commission (NMCC) approves the acquisition by Schibsted España S.L.U. (SCM Spain) of Milanuncios S.L.U. (MA) subject to remedies in a second phase merger. On 20 November 2014, the transaction of reference has been deemed authorized under Spanish merger (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Competition Authority obliges the governing body of football in Spain to apply the principles of transparency, objectivity and non-discrimination in the bidding for the broadcasting rights of two football cups (Real Federación Española de Fútbol)

13

The National Markets and Competition Commission obliges the Spanish Football Federation to comply with the principles of transparency, objectivity and non-discrimination in the bidding for the broadcasting rights concerning the final of the King’s Cup Final and the Spanish Super Cup (Decision of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines the dominant company on the electrical installations market for abusing its position by requiring undue payments (Endesa)

16

The National Markets and Competition Commission (NMCC) has fined Endesa Distribución Eléctrica S.A. (ENDESA) (€ 1.18 million) for abusing its dominant position on the electric installations market reserved to distributors, between 2009 and 2012. In particular, the abuse has consisted on an undue (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Competition Authority publishes its strategic plan including sixteen actions in order to safeguard the proper functioning of all markets in the interests of citizens and companies in Spain

10

In late June the National Markets and Competition Commission (NMCC) published its definitive strategic plan, which has been approved by the Parliamentary Committee for Economy and Competitiveness. The document was previously subject to public consultation. In summary, the document contains a (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines fire-fighting equipment manufacturers for price-fixing and market-sharing agreements (Equipos c. incendios)

12

The National Markets and Competition Commission (NMCC) imposed fines totaling € 2.13 million on six companies operating in the market of fire-fighting equipment for price-fixing and market-sharing agreements. The NMCC initiated investigations on the basis of a leniency application by one of the (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The EU Commission issues both its revised De Minimis Notice and a staff working paper to provide guidance on restrictions of competition by object

13

On 25 June 2014 the Commission has published a new De Minimis Notice (2014 Notice) which includes a revised set of rules for evaluating whether or not minor agreements between undertakings are caught by the general prohibition of anticompetitive agreements. Agreements below the market share (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The EU General Court confirms the Commission’s decision regarding two exclusionary abuses in the market for computer chips (Intel)

17

The General Court of the European Union (GC) judgment of 12 June 2014 has confirmed the record € 1.06 billion fine imposed on Intel by the Commission Decision in 2009. According to the Commission, Intel had abused its dominant position in the x86 CPUs market (i.e. essentially, the market for (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The EU Court of Justice confirms compensation for victims of umbrella pricing in its preliminary ruling following a cartel in the elevators market (Kone)

16

The Court of Justice confirms the general principle that “umbrella pricing” victims may obtain compensation from the members of a cartel even if there is no contractual relationship with them (Judgment 5 June 2014, Case C-557/12). Facts of the case before the Austrian civil courts In 2007, both (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority fines two professional associations for price-fixing in the market of pre-booked taxis (APAV)

10

The National Markets and Competition Commission has fined the Regional Association of Travel Agents of Santa Cruz de Tenerife and several taxi driver associations for fixing the prices of pre-booked taxis (Decision 21 March 2014, Case Taxis Tenerife Sacan, file S/0018/12). In its Decision of (...)

Pedro Callol, Jorge Manzarbeitia, Manuel Canadas Bouwen The Spanish Competition Authority clarifies the equally efficient operator test in the context of an alleged abuse of collective dominant position in the market for wholesale voice call origination services (British Telecommunications / TME / Vodafone / Orange)

15

The National Markets and Competition Commission ends proceedings against Telefónica, Vodafone and Orange for an alleged abuse of collective dominant position (Decision 6 March 2014, Case Llamadas Moviles, file S/0391/11). In 2012, due to a complaint of British Telecommunications and its Spanish (...)

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia The Spanish Supreme Court clarifies the passing-on defense in a landmark private enforcement case following the sugar cartel (Ebro Foods)

13

In a landmark ruling, the Spanish Supreme Court has ordered the payment of a compensation for antitrust damages to several candy manufacturers (Judgment of 7 November 2013). The sugar “cartel” In a decision of 15 April 1999, the Spanish Competition Authority declared the existence of a price (...)

Pedro Callol The Spanish Government partially overturns the Competition Authority’s phase 2 merger decision regarding the audiovisual sector and softens the merger conditions (Antena 3 / La Sexta)

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On 24 August 2012 the Cabinet, using the powers granted to that end by the 2007 Competition Act, has decided to soften the conditions included in the NCC Decision. The Cabinet has acted using as legal basis Article 60 of the Competition Act, which enables the Government (the Cabinet) to amend (...)

Pedro Callol The Spanish Competition Commission publishes a study on the relationships between producers and distributors in the food sector analysing various aspects of buyer power in Spain

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The NCC has recently published a study on the relationships between manufacturers and distributors in the food sector (Study). The 160 page long Study, provides an interesting perspective on issues related to buyer power in Spain which have caused quite a few problems in the last few years. (...)

Pedro Callol The Spanish Competition Authority closes with commitments proceedings initiated against two companies for alleged restrictive practices in the printed advertising sector (Vocento / Godό)

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On 30 June 2011 the NCC has decided to close a formal proceeding opened ex officio against Corporación Vocento S.A.U. and Vocento, S.A. (VOCENTO) and Publipress Media, S.L.U. and Grupo Godó de Comunicaciones S.A. (GODÓ) for possible restrictive practices under Article 1 SCA. The practices (...)

Pedro Callol The EU Court of Justice acknowledges the need to weigh the different interests at stake when granting access to documents containing leniency applications in the context of civil claims for damages, in line with US courts (Pfleiderer)

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The European Court of Justice has issued a Judgement (Decision of 14 June 2011, Pfleiderer, Case C-360/09) on a preliminary ruling from a national court, on a key matter regarding antitrust damages claims. The situation encountered by the national court, in essence, referred to a petition by a (...)

Pedro Callol The Spanish Competition Authority closes proceeding against the performer’s collective management organization for unfair and discriminatory tariffs on TV broadcasting of audiovisual works (AISGE)

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The commitments finally presented by AISGE redesign the calculation of the tariffs to reflect effective use of its repertoire and have been considered adequate to resolve the anti-competitive effects of the conduct of AISGE ; AISGE was under investigation in relation to unfair and (...)

Pedro Callol The Spanish Competition Authority fines a company and its subsidiary for abuse of dominant position in the market of resale of audiovisual retransmission of Spanish football clubs (Mediapro / Gol Tv)

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Mediapro holds the broadcasting rights for the Spanish first division league (Liga) and King’s Cup (Copa de S.M. el Rey) for 2009/2010 and subsequent seasons. Therefore Mediapro has a dominant position in the market for the resale of broadcasting rights. Furthermore, Mediapro is (...)

Jorge Manzarbeitia, Pedro Callol The Spanish telecommunications regulator fines the incumbent € 20 M for abuse related to access to the subscriber loop but raises questions on its relationship with Spanish Competition Authority regarding competition law enforcement (Telefónica)

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On the 16 November 2006, the Spanish telecommunications regulator ("Comisión del Mercado de las Telecomunicaciones", CMT) fined the incumbent Telefónica € 20 M for failing to comply with the conditions for access to the subscriber loop applying to third party operators in connection with the (...)

Jorge Manzarbeitia, Pedro Callol The Spanish Government is compelled to modify the divestitures conditions imposed by its Energy Regulator to clear a merger in the electricity sector following a decision from the EC Commission (E.ON / Endesa)

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On 26 September 2006 the European Commission (Commission) ruled against the decision of the Spanish energy regulator (Comisión Nacional de la Energía or CNE) granting clearance to E.ON’s takeover bid for Endesa subject to a number of conditions, on the grounds of a breach of Article 21 of Council (...)

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