Spain/EU, 2007 - Revision history

KNovak at 15:56, 6 August 2008

2008-08-06T15:56:52Z

← Older revision		Revision as of 15:56, 6 August 2008
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	'''Score = 26'''		'''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”)~~.		''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>

KNovak at 15:41, 6 August 2008

2008-08-06T15:41:27Z

← Older revision		Revision as of 15:41, 6 August 2008
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	'''Score = '''		'''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”).		''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”).

KNovak at 21:19, 4 August 2008

2008-08-04T21:19:41Z

← Older revision		Revision as of 21:19, 4 August 2008
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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.		\| 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.		\| 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.		\| 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.		\| 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.		\| 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).		\| 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.		\| 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.		\| 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.		\| 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.		\| 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.		\| 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 82(a) prohibits resale price maintenance.		\| Article 82(a) of the Rome Treaty prohibits resale price maintenance.

	\|-		\|-
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	\| Obstacles to Entry		\| Obstacles to Entry
	\| 1		\| 1
	\| Article 82 prohibits anti-competitive pricing schemes.		\| Article 82 of the Rome Treaty prohibits anti-competitive pricing schemes.

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 81(1)(a) prohibits price fixing.		\| Article 81(1)(a) of the Rome Treaty prohibits price fixing.

	\|-		\|-
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	\| Tying		\| Tying
	\| 1		\| 1
	\| Article 81(1)(e) prohibits tying.		\| Article 81(1)(e) of the Rome Treaty prohibits tying.

	\|-		\|-
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	\| Market Division		\| Market Division
	\| 1		\| 1
	\| Article 81 prohibits customer allocation clauses.		\| Article 81 of the Rome Treaty prohibits customer allocation clauses.

	\|-		\|-
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	\| Output Restraint		\| Output Restraint
	\| 1		\| 1
	\| Article 81(1)(b) prohibits limiting production.		\| Article 81(1)(b) of the Rome Treaty prohibits limiting production.

	\|-		\|-
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	\| Market Sharing		\| Market Sharing
	\| 1		\| 1
	\| Article 81(1)(c) prohibits market sharing.		\| Article 81(1)(c) of the Rome Treaty prohibits market sharing.

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition.		\| 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
	\| Article 81 prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>		\| 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 81(1)(b) prohibits supply refusal.		\| Article 81(1)(b) of the Rome Treaty prohibits supply refusal.

	\|-		\|-
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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| Article 81(3) allows an efficiency defense.		\| Article 81(3) of the Rome Treaty allows an efficiency defense.

	\|}		\|}

KNovak at 17:49, 3 August 2008

2008-08-03T17:49:37Z

← Older revision		Revision as of 17:49, 3 August 2008
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	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 1		\| 1
	\| Article 81 prohibits bid-rigging.		\| Article 81 prohibits bid-rigging.<ref>http://www.eujapan.com/europe/seminar_tokyo_mehta1_april08.pdf</ref>

	\|-		\|-

KNovak at 17:39, 3 August 2008

2008-08-03T17:39:25Z

← Older revision		Revision as of 17:39, 3 August 2008
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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| Article ~~2(2)~~(a) prohibits resale price maintenance.		\| Article 82(a) 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.		\| Article 82 prohibits anti-competitive pricing schemes.

	\|-		\|-
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	\| Price Fixing		\| Price Fixing
	\| 1		\| 1
	\| Article 1(1)(a) prohibits price fixing.		\| Article 81(1)(a) prohibits price fixing.

	\|-		\|-
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	\| Tying		\| Tying
	\| 1		\| 1
	\| Article 1(1)(e) prohibits tying.		\| Article 81(1)(e) 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>~~		\| Article 81 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~~.		\| Article 81(1)(b) prohibits limiting production.

	\|-		\|-
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	\| Market Sharing		\| Market Sharing
	\| 1		\| 1
	\| Article 1(1)(c) prohibits market sharing.		\| Article 81(1)(c) prohibits market sharing.

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 1		\| 1
	\| Article 1(1~~)(d~~) prohibits ~~anti-competitive pricing schemes~~.		\| Article 81(1) 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>~~		\| Article 81 prohibits bid-rigging.

	\|-		\|-
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	\| Supply Refusal		\| Supply Refusal
	\| 1		\| 1
	\| Article 1(1)(b) prohibits ~~unjustified limitation of production or distribution~~.		\| Article 81(1)(b) 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~~.		\| Article 81(3) allows an efficiency defense.

	\|}		\|}

KNovak at 17:34, 3 August 2008

2008-08-03T17:34:24Z

← Older revision		Revision as of 17:34, 3 August 2008
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article ~~2(2)~~(b) ~~and (c) prohibit unjustified limitation~~ of ~~production or refusal to meet demand~~.		\| Article 82(b) of the Rome Treaty prohibits limiting access.

	\|-		\|-
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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| Article ~~2(1)~~ prohibits ~~acts that~~ abuse dominant position.		\| Article 82 of the Rome Treaty prohibits abuse of dominant position.

	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article ~~2(2)~~(a) prohibits price setting.		\| Article 82(a) of the Rome Treaty prohibits price setting.

	\|-		\|-
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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Article 2(~~2)(d~~) prohibits ~~applying unequal prices and~~ conditions ~~to equivalent transactions~~.		\| Article 82(c) of the Rome Treaty prohibits discriminatory conditions.

	\|-		\|-

KNovak at 17:30, 3 August 2008

2008-08-03T17:30:43Z

← Older revision		Revision as of 17:30, 3 August 2008
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| ~~The Competition Act applies~~ to ~~effects within Spanish territory~~.		\| EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003.

	\|- class="categorydivision"		\|- class="categorydivision"
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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.		\| 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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	\| 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>		\| 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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	\|- class="categorydivision"		\|- class="categorydivision"
	\| Merger Notification		\| Merger Notification<ref>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.</ref>
	\| Voluntary		\| Voluntary
	\| 0		\| 0
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 9 requires mandatory notification of all concentrations.		\| Article 9 of the Competition Act requires mandatory notification of all concentrations.

	\|-		\|-

KNovak: New page: '''Score = ''' ''Governed by: ''EU law: Articles 81 and 82 of the Treaty Establishing the European Communities (Rome Treaty), Regulation 1/2003 of 16 December 2002 Available at http...

2008-08-03T16:08:01Z

New page: '''Score = ''' ''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...

New page

'''Score = '''

''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”).
<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| The Competition Act applies to effects within Spanish territory.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 53(2)(d) of the 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 Competition Act allows for structural remedies.

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Article 49(1) of the Competition Act allows any concerned natural or legal persons to make a complaint.

|-
|
| Remedies Available to 3rd Parties
| 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>

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 9 requires mandatory notification of all concentrations.

|-
|
| Pre-merger
| 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).

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10(1) 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) considers the possible restrictive effects on competition.

|-
|
| Public Interest (Pro D)
| 1
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Public Interest (Pro Authority)
| 1
| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| 10(1)(h) considers economic efficiency.

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 2(2)(b) and (c) prohibit unjustified limitation of production or refusal to meet demand.

|-
|
| Abusive Acts
| 1
| Article 2(1) prohibits acts that abuse dominant position.

|-
|
| Price Setting
| 1
| Article 2(2)(a) prohibits price setting.

|-
|
| Discriminatory Pricing
| 1
| Article 2(2)(d) prohibits applying unequal prices and conditions to equivalent transactions.

|-
|
| Resale Price Maintenance
| 1
| Article 2(2)(a) prohibits resale price maintenance.

|-
|
| Obstacles to Entry
| 1
| Article 2(2)(d) prohibits anti-competitive pricing schemes.

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 1(1)(a) prohibits price fixing.

|-
|
| Tying
| 1
| Article 1(1)(e) prohibits tying.

|-
|
| Market Division
| 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>

|-
|
| Output Restraint
| 1
| Article 1(1)(b) prohibits limiting or controlling production and distribution.

|-
|
| Market Sharing
| 1
| Article 1(1)(c) prohibits market sharing.

|-
|
| Eliminating Competitors
| 1
| Article 1(1)(d) prohibits anti-competitive pricing schemes.

|-
|
| Collusive Tendering/Bid-Rigging
| 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>

|-
|
| Supply Refusal
| 1
| Article 1(1)(b) prohibits unjustified limitation of production or distribution.

|-
|
| Efficiency Defense
| 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.

|}

== References ==
<references />