Spain (September 1, 2007): Difference between revisions

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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”).  
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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.
|-
|-
|  
|  
| 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"
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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"
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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.
|-
|-
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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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|  
|  
| 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
|  
| 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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| 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.
|}
|}

Latest revision as of 15:42, 3 August 2008

Score = 26

Governed by: Law no. 15/2007 of 3 July 2007 (hereinafter referred to as “Competition Act”). [1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 The Competition Act applies to effects within Spanish territory.
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.
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.[2]
3rd Party Rights in Proceedings 0
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
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.
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
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.[3]
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.[4]
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

  1. ↑ Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.
  2. ↑ Competition Act at page 4.
  3. ↑ See Servicios Funerarios de Madrid, TDC Dec. 404/97, of 23 December 1997.
  4. ↑ http://www.rocajunyent.com/pdfs/THE%20NEW%20SPANISH%20COMPETITION%20ACT.pdf at page 2.
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