Spanish Competition Authority (Madrid)

Cani Fernández

Spanish Competition Authority (Madrid)
President

Cani Fernández is the President of the Comisión Nacional de los Mercados y la Competencia (the Spanish Competition Authority) since she was appointed in June 2020. Between 1987 and February 2020, she worked as a lawyer in private practice specialized in EU and Competition Law. She also taught those topics at prestigious Spanish and foreign universities such as Toulouse School of Economics, McGeorge University of the Pacific, Carlos III University, Autonomous University of Barcelona and Barcelona Graduate School of Economics, among others. From 1993 to 1997 she was référendaire at the Court of Justice of the European Union. She was the first woman to be appointed as a Co-Chair of the Antitrust Committee of the International Bar Association (IBA). In addition, she held the position of Vice-chair of the Economics Committee of the Antitrust Section at the American Bar Association (ABA), Officer of the International Cartel Task Force of the ABA Antitrust Section, and member of the IBA LPD Council. She was also a Non Governmental Advisor (NGA) of the EU Commission and the National Commission for Markets and Competition before the International Competition Network (ICN). In 1986 she was awarded with the NATO Fellowship Program. Among her many distinctions awarded for her professional practice stands out her recognition as one of the 30 best specialists in Competition/Antitrust worldwide in the Best of the Best category of the Expert Guides year after year ; her recognition as one of the "100 Women in Antitrust Worldwide" by Global Competition Review (GCR). In 2018 and 2019 Chambers named her "Star Individual" in her specialty in Spain. She is the first woman to obtain the “Outstanding Contribution to the Legal Profession” award by Chambers. Prior to that, she graduated in Law with merit from the University of Zaragoza in 1986 and has a special Degree in European Law for the Free University of Brussels in 1987, with Great Distinction. Additionally, she is the author of numerous publications in the area of Competition and EU Law, and a regular speaker on these matters.

Distinctions

Articles

3997 Bulletin

Cani Fernández, Javier Arana Rodríguez, Patricia Sánchez-Calero Barco The Spanish Competition Commission rejects that a public entity exceeding its legal authority, but not acting as an economic operator, can be held responsible for participating in anticompetitive conducts (Junta de Andalucía)

166

On July 16, 2013, the National Court issued judgment number 3472/2013 on the appeal the Junta de Andalucía submitted against the decision of the Comisión Nacional de la Competencia (Spanish Competition Commission, “CNC”), of October 6, 2011. The National Court considered that when a public entity (...)

Borja Palacios Moreno, Cani Fernández, Cristina Vila Gisbert The Spanish Supreme Court validates the Competition Authority’s interpretation of excessive prices (Explosivos de Canarias)

211

On May 29, 2013, the Spanish Supreme Court issued judgment number 2660/2013 on the appeal that Canarias Explosivos, S.A. (“Canarias Explosivos”) submitted against the judgment of the Spanish National Court (Audiencia Nacional) on December 10, 2009. The Supreme Court considered that there were no (...)

Cani Fernández, Irene Moreno-Tapia, Silvia Segade Sanz The Spanish National Court annuls CNC decision closing pharmaceutical dual pricing case (European Association of Euro-Pharmaceutical Companies / Pfizer / Novartis / Sanofi-Aventis)

405

On December 5, 2012, the Spanish National Court (Audiencia Nacional or “AN”) annulled the decision of the Spanish Competition Commission (formerly called Comisión Nacional de la Competencia or “CNC”), to close file S/0017/07. The AN considered that the CNC should have further investigated whether (...)

Cani Fernández, Irene Moreno-Tapia, Javier Arana Rodríguez The Spanish National Court annuls the CNC decision to incorporate evidence gathered during an inspection to the case file of a new investigation (Montesa Honda)

199

On December 4, 2012, the Spanish National Court (Audiencia Nacional) annulled the decision of the Spanish competition authority (formerly called Comisión Nacional de la Competencia or “CNC”, now called Comisión Nacional de los Mercados y de la Competencia or “CNMC”) to incorporate evidence gathered (...)

Cani Fernández, Cristina Vila Gisbert, Irene Moreno-Tapia The Spanish Competition Commission imposes a €50,000 fine on an individual, for collective price recommendations (CEOE and Mr. Joan Gaspart)

96

The CNC’s Directorate of Investigations learned through several press reports of the statements that Mr. Joan Gaspart, chairman of the Tourism Board of the Spanish Confederation of Business Organizations of the CEOE, made on January 19, 2011, at the 2011 Spanish International Tourism Fair (...)

Cani Fernández, Tatiana López Garrido The Spanish Supreme Court annuls previous decisions fining the telecom incumbent for abuse of dominant position (Retevisión / Telefónica)

1721

On June 20, 2006, the Spanish Supreme Court (Tribunal Supremo, “TS”) annulled the judgment of September 22, 2003, of the Spanish National High Court (Audiencia Nacional, “AN”). This last judgment partially upheld a Decision of the former Spanish Competition Authority (Tribunal de Defensa de la (...)

2771 Revue

Cani Fernández, Paloma Martínez-Lage Sobredo Cani Fernández : The priority is to strengthen mechanisms to guarantee effective competition in markets that benefits consumers

73

Interview réalisée par Paloma Martinez-Lage Sobredo, Partner, Baker McKenzie, Madrid. After your ground-breaking career both as a lawyer and as a référendaire at the Court of Justice, you are once again a pioneer : you are not only the first woman to be appointed as president of the CNMC but it is (...)

Cani Fernández, Christopher Bellamy QC, Delphine Riccardi-Benin, Eszter Ritter, Hugues Calvet, Julien Neto, Laure Gauthier, Stefan Thomas Antitrust fine quantification : Results of an international survey

2646

An international survey among lawyers and professors was launched under the aegis of Concurrences in order to compare the antitrust fine quantification. Two fine-setting methodologies compete across the selected jurisdictions depending on the implementation of the concept of a basic fine. On (...)

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