201505.14
0

Competition Alert

The National Markets and Competition Commission (NMCC) approves the acquisition of DISTRIBUIDORA DE TELEVISIÓN DIGITAL S.A. (DTS) by TELEFÓNICA DE CONTENIDOS S.A.U. (Telefónica) subject to remedies on second phase (Decision of 23 April 2015, file C/0612/14)

The approved transaction consists of the acquisition by Telefónica (incumbent telecommunications operator also active in the pay TV market) of the exclusive control of DTS, through the purchase of the 56 % share capital in the hands of Prisa, which adds to the 44% share capital already owned by Telefónica.

The NMCC has approved the transaction of reference after an in-depth (second phase) investigation subject to commitments offered by Telefónica. Telefónica has proposed a five-year duration commitment package (renewable for three additional years) from the moment the NMCC Decision is deemed final (i.e., 30 April 2015). During this period, the resulting entity may request an amendment to the commitments offered if a significant change in the structure or regulation of the markets in question occurs.

For more information click here.

201505.08
0

Competition Bulletin May 2015

Table of Contents

01  Spain: The National Markets and Competition Commission approves the acquisition by Schibsted España S.L.U. of Milanuncios S.L.U. subject to remedies in a second phase merger review (Decision of 20 November 2014, file C/0573/14).
02  Spain: The High Court has annulled inspections carried out by the National Competition Commission in two separate infringement procedures (Judgments of 10 December 2014).
03  Spain: The National Markets and Competition Commission has imposed fines of EUR 98.2 million on 39 companies and three trade associations active in the waste management and urban sanitation in Spain (Decision of 8 January 2015, file S/0429/12).
04  Spain: The Spanish Supreme Court has issued a landmark judgment regarding the interpretation of the 10% turnover limit for cartel fines (Judgment of 29 January 2015), confirming that fines for antitrust infringements may reach 10% of group turnover.
05  Spain: The National Markets and Competition Commission has imposed fines totalling EUR 4 million for alleged bid-rigging regarding the supply of to RENFE, the national railway operator (Decision of 29 January 2015, file S/0453/12).
06  Spain: The National Markets and Competition Commission has fined various Spanish milk suppliers EUR 88.2 m (Decision of 26 February 2015, file S/0425/12).
07  Spain: The National Markets and Competition Commission has imposed fines totalling EUR 9 m on 45 car dealerships operating in the country’s car distribution market for an infringement of Article 1 of the Spanish Competition Act (Decisions of 5 March 2015, files S/0486/13, S/0488/13 and S/0489/13).

 For more information click here.

201503.06
0

Competition Alert

The National Markets and Competition Commission (NMCC) has fined totalling EUR 88.2 m various Spanish milk suppliers

The NMCC has imposed fines totaling EUR 88.2m on nine companies and two associations operating in the country’s raw cow milk supply market for an infringement of Article 1 of the Spanish Competition Act (SCA) and Article 101 TFEU.

The NMCC initiated proceedings as a result of a report on the dairy industry referred by the Regional Competition Authority from Castilla y León. This report stated (i) the existence of an alleged anticompetitive behavior in the raw cow milk supply market and (ii) a complaint submitted by Unions Agrarias (a small farmer trade union) against milk processing companies.

For more information click here.

201502.05
0

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).

For more information click here.

201411.12
0

Competition Bulletin October-November 2014

Table of Contents

01  Spain: Orange launches takeover bid for Jazztel.
02  Spain: The High Court considers the willingness to end the infringement as an attenuating circumstance (Judgment of 28 May 2014).
03  Spain: Gun jumping: The National Markets and Competition Commission (NMCC) has fined ESSILOR INTERNATIONAL S.A. (ESSILOR) for failure to notify a concentration operation (Decision of 31 July 2014, Case ESSILOR, file SNC/DC/0035/14).
04  Spain: The High Court has reduced the NMCC fine on two companies in the asphalt industry (Judgment of 23 June 2014).
05  Spain: The Commercial Court of Madrid has condemned ASEFA S.A. and Caja de Seguros Reunidos, Compañia de Seguros y Reaseguros, S.A. to indemnify MUSAAT for damages arising from anticompetitive practices (Judgment of 9 May 2014).
06  Spain: The High Court has annulled the decision of the former NMCC fining the manufacturers of paper envelopes for an export cartel (Judgment of 27 June 2014).
07  European Union: The General Court has annuled a fine for Soliver in car glass cartel (Judgment of the General Court of 10 October 2014, Soliver vs Commission, case T‐68/09).
08 European Union: The General Court finds that Spain’s tax rules regarding the amortization of
goodwill for foreign acquisitions is compliant with EU State a id rules.

For more information click here.


201409.24
0

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.

201409.14
0

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.

201407.06
0

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
S/0445/12).
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.