Spain (September 1, 2007) - Revision history

KNovak at 15:42, 3 August 2008

2008-08-03T15:42:35Z

← Older revision		Revision as of 15:42, 3 August 2008
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	'''Score = '''		'''Score = 26'''

	''Governed by:'' Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”).		''Governed by:'' Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”).

KNovak at 15:40, 3 August 2008

2008-08-03T15:40:22Z

← Older revision		Revision as of 15:40, 3 August 2008
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	\| Market Division		\| Market Division
	\| 1		\| 1
	\| ~~Case~~ law ~~has~~ interpreted Article 1(1) 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>		\| 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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KNovak at 15:34, 3 August 2008

2008-08-03T15:34:17Z

← Older revision		Revision as of 15:34, 3 August 2008
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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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KNovak at 15:25, 3 August 2008

2008-08-03T15:25:15Z

← Older revision		Revision as of 15:25, 3 August 2008
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	\|		\|
	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 1
	\|		\| Article 1(1)(d) prohibits anti-competitive pricing schemes.

	\|-		\|-
	\|		\|
	\| Collusive Tendering/Bid-Rigging		\| Collusive Tendering/Bid-Rigging
	\| 0		\| 1
	\|		\|

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	\| Supply Refusal		\| Supply Refusal
	\| 1		\| 1
	\| ~~Case law has interpreted~~ Article 1(1)(d) ~~as prohibiting group boycotts.<ref>See Veterinarios Ambulantes, TDC Dec. 368/95,~~ of ~~9 February 1998~~.~~</ref>~~		\| Article 1(1)(b) prohibits unjustified limitation of production or distribution.

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	\| Efficiency Defense		\| Efficiency Defense
	\| 1		\| 1
	\| Article 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 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.

	\|}		\|}

KNovak at 15:19, 3 August 2008

2008-08-03T15:19:42Z

← Older revision		Revision as of 15:19, 3 August 2008
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	\| Limits Access		\| Limits Access
	\| 1		\| 1
	\| Article 6(2)(c) ~~prohibits refusing~~ to ~~supply~~ demand.		\| Article 2(2)(b) and (c) prohibit unjustified limitation of production or refusal to meet demand.

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	\| Abusive Acts		\| Abusive Acts
	\| 1		\| 1
	\| Article 6(2) ~~lists several abusive~~ acts ~~which fit under the prohibition~~.		\| Article 2(1) prohibits acts that abuse dominant position.

	\|-		\|-
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	\| Price Setting		\| Price Setting
	\| 1		\| 1
	\| Article 6(2)(a) prohibits price setting.		\| Article 2(2)(a) prohibits price setting.

	\|-		\|-
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	\| Discriminatory Pricing		\| Discriminatory Pricing
	\| 1		\| 1
	\| Article 6(2)(d) prohibits applying unequal prices and conditions to equivalent transactions.		\| Article 2(2)(d) prohibits applying unequal prices and conditions to equivalent transactions.

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	\| Resale Price Maintenance		\| Resale Price Maintenance
	\| 1		\| 1
	\| ~~Courts have interpreted~~ Article 7 (~~Distorting Free Competition by means of Unfair Act~~) ~~as including RPM.<ref>See Fina Ibérica, TDC Dec. 9/90, of 25 June 1990 and Ibercarretillas, TDC Dec. 6/90, of 6 June 1990~~.~~</ref>~~		\| Article 2(2)(a) prohibits resale price maintenance.

	\|-		\|-
	\|		\|
	\| Obstacles to Entry		\| Obstacles to Entry
	\| 0		\| 1
	\|		\| Article 2(2)(d) prohibits anti-competitive pricing schemes.

	\|-		\|-

KNovak at 15:13, 3 August 2008

2008-08-03T15:13:55Z

← Older revision		Revision as of 15:13, 3 August 2008
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	\| Dominance		\| Dominance
	\| 1		\| 1
	\| Article 16(1) considers the market position as a relevant assessment ~~factor~~.		\| 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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	\| Restriction of Competition		\| Restriction of Competition
	\| 1		\| 1
	\| Article 16(2) considers the possible restrictive effects on competition.		\| Article 10(1) considers the possible restrictive effects on competition.

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	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 1		\| 1
	\| Article 16(1) considers the possible benefits to the public when ~~deciding whether to allow an otherwise impermissible~~ merger~~, including international competitiveness~~.		\| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.

	\|-		\|-
	\|		\|
	\| Public Interest (Pro Authority)		\| Public Interest (Pro Authority)
	\| 0		\| 1
	\|		\| Article 10(4) considers the possible non-economic benefits to the public when assessing a merger.

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	\| Efficiency		\| Efficiency
	\| 1		\| 1
	\| ~~Article 16~~(1) considers ~~the effects on~~ economic ~~progress~~.		\| 10(1)(h) considers economic efficiency.

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 15:08, 3 August 2008

2008-08-03T15:08:16Z

← Older revision		Revision as of 15:08, 3 August 2008
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	\| Mandatory		\| Mandatory
	\| 3		\| 3
	\| Article 15 requires notification ~~by the parties.<ref>According to the size limitations~~ of ~~Article 14~~.~~</ref>~~		\| Article 9 requires mandatory notification of all concentrations.

	\|-		\|-
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	\| Pre-merger		\| Pre-merger
	\| 0		\| 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		\| Post-merger
	\| 1		\| 0
	\| ~~Article 15 requires that the notification occur either before the merger or within 1 month after the merger is completed.~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 15:02, 3 August 2008

2008-08-03T15:02:50Z

← Older revision		Revision as of 15:02, 3 August 2008
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	\| 3rd Party Initiation		\| 3rd Party Initiation
	\| 1		\| 1
	\| ~~SDC investigations to enforce Articles~~ 1~~, 6,~~ or ~~7 can be initiated by 3rd parties.<ref>See Iberasistencia v. Gremi Regional d’Empreses de Pompes Funebres de Catalunya, TDC Dec. 308/91, of 14 July 1992~~.~~</ref>~~		\| Article 49(1) of the 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
	\| ~~Article 13 says~~ that ~~3rd parties can file actions for damages after~~ the ~~Commission has reached a decision~~.		\| 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>

	\|-		\|-
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	\| 3rd Party Rights in Proceedings		\| 3rd Party Rights in Proceedings
	\| 1		\| 0
	\| ~~Any interested party can contribute to the case.<ref>Competition Law in the EU, at 265.</ref>~~		\|

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 14:57, 3 August 2008

2008-08-03T14:57:49Z

← Older revision		Revision as of 14:57, 3 August 2008
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	'''Score = '''		'''Score = '''

	''Governed by:'' Law no. 16/~~1989~~ of 17 July ~~1989 as last amended on 28 December 1999~~ (hereinafter referred to as “Competition Act”).		''Governed by:'' Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”).
	<ref>~~Competition Law~~ in ~~the EU,~~ at ~~673-707~~.</ref>		<ref>Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.</ref>

	{\| class="wikitable"		{\| class="wikitable"
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	\| Extraterritoriality		\| Extraterritoriality
	\| 1		\| 1
	\| The Competition Act ~~does not expressly provide for extraterritoriality but the court has interpreted it~~ to ~~apply to anything that has an economic impact in Spain and this is implied by Article 1 which discusses~~ effects.~~<ref>Id. at 228.</ref>~~		\| The Competition Act applies to effects within Spanish territory.

	\|- class="categorydivision"		\|- class="categorydivision"
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	\| Fines		\| Fines
	\| 1		\| 1
	\| Article ~~10 says that~~ the ~~TDC can issue fines~~ for ~~any breaches~~ of Articles ~~1, 6,~~ and 7.		\| Article 53(2)(d) of the Competition Act allows for the imposition of fines as governed by Articles 63 and following.

	\|-		\|-
	\|		\|
	\| Prison Sentences		\| Prison Sentences
	\| 1		\| 0
	\| ~~Article 46(6) allows management to be imprisoned for certain violations of the criminal law.~~		\|

	\|-		\|-
	\|		\|
	\| Divestitures		\| Divestitures
	\| 0		\| 1
	\|		\| Article 53(2)(b) of the Competition Act allows for structural remedies.

	\|- class="categorydivision"		\|- class="categorydivision"

KNovak at 14:55, 3 August 2008

2008-08-03T14:55:06Z

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