The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)

Background On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) [1] for alleged anti-competitive practices in breach of Article 1 of the Spanish Competition Act (“SCA”). By way of a Resolution dated 7 October 2018 (the “Decision”), the CNMC decided not to open formal infringement proceedings as it deemed that the alleged conduct was either covered by the EU Commission Regulation on Vertical Agreements (“VBER”) or that there was a lack of sufficient evidence regarding some of the practices. Nevertheless, the analysis included in the Decision is particularly interesting from a vertical restraints