Difference between revisions of "Spain/EU, 2007"

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'''Score = '''
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'''Score = 26'''
  
''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and Spanish Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”).  
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''Governed by: '''''EU law''': Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 <ref> Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html</ref> and the '''Spanish Competition Act''': Law no. 15/2007 of 3 July 2007.  
 
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>  
 
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>  
  
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| Fines
 
| Fines
 
| 1
 
| 1
| Article 53(2)(d) of the Competition Act allows for the imposition of fines as governed by Articles 63 and following.  
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| Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following.  
  
 
|-
 
|-
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| Divestitures
 
| Divestitures
 
| 1
 
| 1
| Article 53(2)(b) of the Competition Act allows for structural remedies.
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| Article 53(2)(b) of the Spanish Competition Act allows for structural remedies.
  
 
|- class="categorydivision"
 
|- class="categorydivision"
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| 3rd Party Initiation
 
| 3rd Party Initiation
 
| 1
 
| 1
| Article 49(1) of the Competition Act allows any concerned natural or legal persons to make a complaint.
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| Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint.
  
 
|-
 
|-
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| Remedies Available to 3rd Parties
 
| Remedies Available to 3rd Parties
 
| 1
 
| 1
| The preamble to the Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 is mandated and encouraged by the European Commission.
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| The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.<ref> Competition Act at page 4.</ref>. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.
 
 
 
|-
 
|-
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| Mandatory
 
| Mandatory
 
| 3
 
| 3
| Article 9 of the Competition Act requires mandatory notification of all concentrations.  
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| Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations.  
 
 
 
|-
 
|-
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| Pre-merger
 
| Pre-merger
 
| 2
 
| 2
| Article 9 requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6).
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| Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6).
 
 
 
|-
 
|-
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| Dominance
 
| Dominance
 
| 1
 
| 1
| Article 10(1) considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors.
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| Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors.
 
 
 
|-
 
|-
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| Restriction of Competition
 
| Restriction of Competition
 
| 1
 
| 1
| Article 10(1) considers the possible restrictive effects on competition.
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| Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition.
 
 
 
|-
 
|-
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| Public Interest (Pro D)
 
| Public Interest (Pro D)
 
| 1
 
| 1
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.
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| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.
 
 
 
|-
 
|-
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| Public Interest (Pro Authority)
 
| Public Interest (Pro Authority)
 
| 1
 
| 1
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.
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| Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.
 
 
 
|-
 
|-
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| Efficiency
 
| Efficiency
 
| 1
 
| 1
| 10(1)(h) considers economic efficiency.
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| 10(1)(h) of the Spanish Competition Act considers economic efficiency.
 
 
 
|- class="categorydivision"
 
|- class="categorydivision"
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| Resale Price Maintenance
 
| Resale Price Maintenance
 
| 1
 
| 1
| Article 2(2)(a) prohibits resale price maintenance.
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| Article 82(a) of the Rome Treaty prohibits resale price maintenance.
 
 
 
|-
 
|-
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| Obstacles to Entry
 
| Obstacles to Entry
 
| 1
 
| 1
| Article 2(2)(d) prohibits anti-competitive pricing schemes.
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| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
 
 
 
|-
 
|-
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| Price Fixing
 
| Price Fixing
 
| 1
 
| 1
| Article 1(1)(a) prohibits price fixing.
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| Article 81(1)(a) of the Rome Treaty prohibits price fixing.
 
 
 
|-
 
|-
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| Tying
 
| Tying
 
| 1
 
| 1
| Article 1(1)(e) prohibits tying.
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| Article 81(1)(e) of the Rome Treaty prohibits tying.
 
 
 
|-
 
|-
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| Market Division
 
| Market Division
 
| 1
 
| 1
| The Competition Act aims to mirror European Union law, which includes prohibition against market division in its section on restrictive trade practices. Spanish case law interpreted Article 1(1) of the previous law as including market division (customer allocation) in its list of prohibitions.<ref>See Servicios Funerarios de Madrid, TDC Dec. 404/97, of 23 December 1997.</ref>
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| Article 81 of the Rome Treaty prohibits customer allocation clauses.  
 
 
 
|-
 
|-
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| Output Restraint
 
| Output Restraint
 
| 1
 
| 1
| Article 1(1)(b) prohibits limiting or controlling production and distribution.
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| Article 81(1)(b) of the Rome Treaty prohibits limiting production.
 
 
 
|-
 
|-
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| Market Sharing
 
| Market Sharing
 
| 1
 
| 1
| Article 1(1)(c) prohibits market sharing.
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| Article 81(1)(c) of the Rome Treaty prohibits market sharing.
 
 
 
|-
 
|-
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| Eliminating Competitors
 
| Eliminating Competitors
 
| 1
 
| 1
| Article 1(1)(d) prohibits anti-competitive pricing schemes.
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| Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
 
 
 
|-
 
|-
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| Collusive Tendering/Bid-Rigging
 
| Collusive Tendering/Bid-Rigging
 
| 1
 
| 1
| The Act prohibits market partitioning including bid-rigging.<ref>http://www.rocajunyent.com/pdfs/THE%20NEW%20SPANISH%20COMPETITION%20ACT.pdf at page 2.</ref>
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| Article 81 of the Rome Treaty prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>
 
 
 
|-
 
|-
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| Supply Refusal
 
| Supply Refusal
 
| 1
 
| 1
| Article 1(1)(b) prohibits unjustified limitation of production or distribution.
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| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
 
 
 
|-
 
|-
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| Efficiency Defense
 
| Efficiency Defense
 
| 1
 
| 1
| Article 1(3) gives an exemption to the Article 1 prohibitions for agreements that contribute to improving the production or distribution of goods or promote technical or economic progress.
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| Article 81(3) of the Rome Treaty allows an efficiency defense.
 
 
 
|}
 
|}

Latest revision as of 11:56, 6 August 2008

Score = 26

Governed by: EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 [1] and the Spanish Competition Act: Law no. 15/2007 of 3 July 2007. [2]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.
Remedies Fines 1 Article 53(2)(d) of the Spanish Competition Act allows for the imposition of fines as governed by Articles 63 and following.
Prison Sentences 0
Divestitures 1 Article 53(2)(b) of the Spanish Competition Act allows for structural remedies.
Private Enforcement 3rd Party Initiation 1 Article 49(1) of the Spanish Competition Act allows any concerned natural or legal persons to make a complaint.
Remedies Available to 3rd Parties 1 The preamble to the Spanish Competition Act states that the law is supplemented with additional provisions modifying certain jurisdictional and procedural rules in order to properly articulate the private enforcement of competition rules.[3]. Private enforcement of Articles 81 and 82 of the Rome Treaty is mandated and encouraged by the European Commission.
3rd Party Rights in Proceedings 0
Merger Notification[4] Voluntary 0
Mandatory 3 Article 9 of the Spanish Competition Act requires mandatory notification of all concentrations.
Pre-merger 2 Article 9 of the Spanish Competition Act requires the suspension of the concentration prior to a decision by the authority. This suspension may be lifted pursuant to Article 9(6).
Post-merger 0
Merger Assessment Dominance 1 Article 10(1) of the Spanish Competition Act considers the market position, negotiation power, market structure, and actual or potential competition from other undertakings as relevant assessment factors.
Restriction of Competition 1 Article 10(1) of the Spanish Competition Act considers the possible restrictive effects on competition.
Public Interest (Pro D) 1 Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.
Public Interest (Pro Authority) 1 Article 10(4) of the Spanish Competition Act considers the possible non-economic benefits to the public when assessing a merger.
Other 0
Efficiency 1 10(1)(h) of the Spanish Competition Act considers economic efficiency.
Dominance Limits Access 1 Article 82(b) of the Rome Treaty prohibits limiting access.
Abusive Acts 1 Article 82 of the Rome Treaty prohibits abuse of dominant position.
Price Setting 1 Article 82(a) of the Rome Treaty prohibits price setting.
Discriminatory Pricing 1 Article 82(c) of the Rome Treaty prohibits discriminatory conditions.
Resale Price Maintenance 1 Article 82(a) of the Rome Treaty prohibits resale price maintenance.
Obstacles to Entry 1 Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 81(1)(a) of the Rome Treaty prohibits price fixing.
Tying 1 Article 81(1)(e) of the Rome Treaty prohibits tying.
Market Division 1 Article 81 of the Rome Treaty prohibits customer allocation clauses.
Output Restraint 1 Article 81(1)(b) of the Rome Treaty prohibits limiting production.
Market Sharing 1 Article 81(1)(c) of the Rome Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the Rome Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the Rome Treaty prohibits bid-rigging.[5]
Supply Refusal 1 Article 81(1)(b) of the Rome Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the Rome Treaty allows an efficiency defense.

References

  1. Available at http://ec.europa.eu/comm/competition/antitrust/legislation/legislation.html
  2. Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.
  3. Competition Act at page 4.
  4. The National Competition Authority will assess mergers under the National Competition Act. If the concentration affects trade between the Member States, the European Commission will assess the merger under Regulation 139/2004. See the coding for the European Commission for those provisions.
  5. http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf