Competition Alert

Antitrust liability of Trade Association Members in case of infringement by the Trade Association

If your company is a member of one of the myriad of trade associations active in Spain you should stop for a second and think about this: your company may be found to be liable for antitrust fines imposed on the trade association of which your company is a member; and indeed your company is very likely to be found liable, since these associations usually lack any substantial economic capacity and very often association members are unlikely to reach any understanding to finance the association’s fine.

Although the below is drafted having Spanish law in mind, the legal conclusions are applicable mutatis mutandis, to EU law.

For more information click here.


Regulatory Alert

Spanish audiovisual watchdog punishes TV Operators for breaching rules on advertising and harmful content

The Spanish National Markets and Competition Commission (NMCC) has recently fined TV operators Mediaset, Atresmedia and Net TV three TV operators for breaching the rules on advertising and inappropriate contents enshrined in Law 7/2010 on Audiovisual Communication (Audiovisual Act).

The NMCC, created in 2013 as the result of the integration into one agency of the competition Authority and several sectorial regulators, is endowed with surveillance powers regarding audiovisual communications. The recently published sanctioning decisions prove that superregulator is set to enforce such powers.

For more information click here.