Competition Bulletin March 2017

Table of Contents

01  Spain / Mergers: Table of merger decisions issued by the Spanish Competition Authority (SCA) between 1 December 2016 and 7 March 2017.
02  Spain / Mergers / Healthcare: Vertical integration in the healthcare business – acquisition of QuironSalud by Fresenius (Decision of 22 December 2016).
03  Spain / Judicial activity / Parent-subsidiary relation: The Supreme Court upholds the appeal filed by a parent company fined for anticompetitive behaviour by a subsidiary (Judgment of 18 January 2016, case 2359/2013).
04  Spain / Judicial activity / Blablacar regulation: 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 the transportation regulations (Judgment of the Commercial Court of 2 February 2017).
05  Spain / Restrictive practices investigation / Excessive prices: The SCA has initiated an investigation against Aspen Pharma for alleged excessive pricing. 
06  Spain / Regulation / Public procurement: The SCA issued guidance to identify potential fraud in public procurement.
07  Spain / Judicial activity / The principle of legitimate expectations: The Spanish Supreme Court has issued a judgment regarding the interpretation of the principle of legitimate expectations. 
08 Spain / Restrictive practices / Rail-cargo market: The SCA has fined several RENFE and Deutsche Bahn for blocking the liberalization of the rail-cargo market (Decision of 28 February 2017, file S/DC/0511/14 RENFE OPERADORA). 
09 EU / Preliminary ruling / The SCA creation: The European Court of Justice (ECJ) rules that the creation of the current SCA breached EU law (ECJ Judgment of 19 October 2016, case C-424/15). 

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