The Spanish Competition Authority (“Comisión Nacional de Mercados y de la Competencia”, “CNMC”) has just published its 2019 Annual Report.
Here are some highlights:
The Council of the CNMC issued 21 decisions in infringement proceedings in 2019, imposing fines in 9 cases (2 of which in cartel cases, an abuse of dominance case and an infringement decision as regards acts of unfair trade with severe effects in the marketplace).
A total of 88 merger control transactions were authorised in 2019, of which 83 were authorized in Phase I without commitments, 4 in Phase I with commitments, and 1 in Phase II with commitments.
The Spanish Supreme Court (“Tribunal Supremo”, “TS”) issued 27 rulings that affected 14 CNMC decisions as regards infringement proceedings. Only 1 was fully upheld; 8 were partially upheld; 5 were completely annulled. Of the 14 decisions of the CNMC scrutinised by the Spanish Supreme Court, the TS annulled completely 5 of them, partially 2 of them and only confirmed 7. For its part, the Spanish High Court (“Audiencia Nacional”) examined 12 decisions and annulled 3 of them (including in the Transporte Frigorífico case, where Garrido Abogados acted for the defendants).
These figures are consistent with our Garrido Abogados 2019 update (which also contains more granularity on the developments in Spain in 2019).
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