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.


Competition Bulletin Summer 2014

Table of Contents

01  Spain: In a landmark ruling, the Spanish Supreme Court has ordered the payment of a compensation for antitrust damages to several candy manufacturers (Judgment of 7 November 2013).
02  Spain: The National Markets and Competition Commission ends proceedings against Telefónica, Vodafone and Orange for an alleged abuse of collective dominant position (Case Llamadas Moviles S/0391/11).
03  Spain: The National Markets and Competition Commission has fined the Regional Association of Travel Agents of Santa Cruz de Tenerife and several taxi driver associations for fixing the prices of pre-booked taxis (Case Taxis Tenerife Sacan S/0018/12).
04  Spain: The National Markets and Competition Commission publishes its strategic plan.
05  Spain: The National Markets and Competition Commission has fined several manufacturers of firefighting
equipment for being involved in a cartel
(Decision of 26 June 2014, Case Fire‐Fighting Equipment
06  Spain: The National Markets and Competition Commission has fined Endesa Distribución Eléctrica S.A. for
abuse of dominant position
(Decision of 21 July 2014).
07  Spain: The National Markets and Competition Commission obliges the Spanish Football Federation to
comply with the principles of transparency, objectivity and non‐discrimination in the bidding for the
broadcasting rights concerning the King’s Cup Final and the Spanish Super Cup
(Decision of 30 July 2014).
08 European Union: European Union: The General Court of the European Union confirms the Commission’s 2009 Decision against Intel (Judgment of 12 June 2014, Case T‐286/09).
09 European Union: The Court of Justice confirms the general principle that “umbrella pricing” victims may obtain compensation from the members of a cartel even if there is no contractual relationship with them (Judgment of 5 June 2014, Case C-557/12).
10 European Union: The European Commission adopts a revamped De Minimis Notice and an accompanying Staff Working Paper providing guidance on restrictions of competition by object.

 For more information click here.