Competition Alert November 2020

The Spanish Government amends the FDI screening regime and temporarily extends the FDI screening regime to investments made by EU/EEA investors above given thresholds. 

Royal Decree-Law 34/2020, of 17 November, on urgent measures supporting business solvency and others (RDL 34/2020), has been published today introducing (i) a new amendment to the foreign direct investment (FDI) screening regime applicable to critical infrastructures, supplies, technologies and industries and (ii) temporarily extending the existing FDI screening regime to EU/EFTA investments above given thresholds. The FDI regime was introduced in Spain last March,[1] by means of an amendment to Law 19/2003, of 4 July, on capital movements (Law 19/2003) (click here and here to view our initial alerts on the initial regime and its first modification).

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Competition Bulletin November 2020

Table of Contents

01  Mergers.  Selected merger decisions adopted in Spain May – October 2020.
02  CNMC activity.  The CNMC publishes a guide on competition law compliance programs. 
03  CNMC activity.  The CNMC publishes a guide on treatment of confidential information in antitrust proceedings. 
04  CNMC activity / Gun-jumping.  The CNMC investigates the possible execution of unauthorized mergers, as well as potential antitrust practices involving the funeral insurance and funeral services market. 
05  CNMC activity / Amazon.  The CNMC concludes that Amazon is a postal operator and must comply with postal sector regulations (Decision of 24 September 2020, file STP/DTSP/006/20). 
06  Mergers / Travel agency business.  The CNMC authorizes Barceló to purchase Globalia’s travel agency business. 
07  Mergers / Phase II.  Green light to Çimsa’s acquisition of Cemex. 
08 Restrictive agreements / Real estate intermediation market.  The CNMC opens antitrust proceeding against seven firms for suspected price coordination in the real estate intermediation market. 
09 Restrictive agreements / Selective distribution.  The CNMC accepts commitments by Adidas Spain in connection with contractual provisions applied within its selective distribution network (Decision of 6 February 2020, Adidas, file S/DC/0631/18). 
10 Restrictive agreements / National Meteorological Agency.  The CNMC dismantles a bid-rigging arrangement in tenders by the National Meteorological Agency (Decision of 13 February 2020, RADARES METEOROLOGICOS, file S/DC/0626/18). 
 11  Judicial activity / company officer’s penalties.  The Supreme Court sheds light on the issue of penalties to directors (Supreme Court Judgments of 1 October 2019, appeal numbers 5280/2018 and 5244/2018).  
12 Judicial activity / Refrigerated transport.  The High Court has annulled a CNMC Decision fining €8.8 million on 12 refrigerated transport companies and one business association for price-fixing (Judgment of the High Court of 18 February 2020, appeal number 658/2015 among others). 
13 Judicial activity / Dawn raids.  The Supreme Court has dismissed an appeal in connection with dawn raids carried out by the CNMC (Supreme Court Order of 6 March 2020, appeal number 8085/2019).
14  Judicial activity / Adult diapers cartel.  Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (Judgment of the Supreme Court of 21 May 2020, appeal number 7880/2018). 
15 Judicial activity / EU Law / Gun-jumping.  The CJEU upholds Marine Harvest gun-jumping fine (Judgment of the Court of Justice of 4 March 2020, case C-10/18 P). 
16 Judicial activity / EU Law / By object infringement.  The CJEU confirms a strict interpretation of the notion of infringement by object (Judgment of the Court of Justice of 2 April 2020, case C-228/18). 
17 Judicial activity / EU Law / Cartels.  The General Court reduces the fine imposed on Infineon for its participation in the smart card chip market by almost €6 million (Judgment of the General Court of 8 July 2020, case T-758/14). 
18 Judicial activity / EU Law / Dawn raids.  The CJEU rules on dawn raids, in particular on the copying of data without prior study, which is then examined in the offices of the Commission (Judgment of the Court of Justice of 16 July 2020, case C-606/18 P). 
19 European Commission activity.  The European Commission adopts guidance for national courts when handling disclosure of confidential information. 
20 Legislative activity.  The Ministry of Economic Affairs and Digital Transformation publishes the Draft Regulation modifying the Competition Act. 
21 Legislative activity.  Emergency amendment to the Law on measures to improve the functioning of the food chain. 

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