Competition Alert

The Spanish Supreme Court has issued a landmark judgment regarding the interpretation of the 10% turnover limit for cartel fines proceedings

The Supreme Court (SC) has partially confirmed the interpretation followed by the National High Court (NHC) over the last two years regarding the limit of 10% of the company’s turnover established under Article 63 (1) of the Spanish Competition Act (SCA) for the calculation of fines.

In its recent judgment, the SC has construed the legal provision as meaning that the percentage limits under Article 63 (1) SCA are the maximum limits of fines that may be imposed by the Spanish Competition Authority, the National Markets and Competition Commission (NMCC).

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