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Antitrust Newsletter nº 27

INDEX

EUROPEAN UNION

DECISION OF THE EUROPEAN COMMISSION

  • The Commission approves the Spanish bank recapitalization plan
  • The European competition authorities publish two reports on their investigative and
    decision-making powers
  • The Commission fines six producers of tubes for computer monitor and TV screens
    €1.47bn for participating in a cartel

RECENT CASE LAW

  • The beginning of a new era in the application of Article 106 TFEU?
  • The CJEU holds that the Charter of Fundamental Rights does not prevent the
    Commission from filing suit on behalf of the EU to compensate the loss suffered as a
    result of an agreement contrary to EU law

SPAIN

DECISIONS OF THE NATIONAL COMPETITION COMMISSION

  • The CNC fines SEDIGAS and AOGLP
  • The CNC fines the CEOE €150,000 and Joan Gaspart €50,000 for a collective price
    recommendation
  • The CNC imposes fines of more than €88.5m on various shipowners for forming a cartel
    in the maritime transport market between the Spanish Peninsula and Morocco
  • The CNC fines wine producers’ associations

RECENT CASE LAW

  • Judgment of the National Appeals Court, declaring that the purchase by CONSENUR
    of exclusive control over ECOTEC was not a notifiable concentration
  • The TSJ of the Valencia Autonomous Region annuls the region’s plan to modernize the
    concessions for the scheduled public road passenger transport, allowing the appeal
    brought by the CNC
  • Judgments of the National Appeals Court annulling the fines imposed by the CNC on
    AECOVI-JEREZ and the Regulatory Council of the ‘Jerez-Xérés-Sherry’, ‘Manzanilla
    Sanlúcar de Barrameda’ and ‘Vinagre de Jerez’ Designations of Origin due to no fault
    having been shown
  • Judgment of the AN upholding the appeal brought by Asfaltos Los Santos against the
    CNC Decision declaring its participation in a tender-sharing cartel

PORTUGAL

Portuguese Competition Authority fines undertaking for resale price maintenance