Spain (September 1, 2007)
Score =
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 | SDC investigations to enforce Articles 1, 6, or 7 can be initiated by 3rd parties.[2] |
| Remedies Available to 3rd Parties | 1 | Article 13 says that 3rd parties can file actions for damages after the Commission has reached a decision. | |
| 3rd Party Rights in Proceedings | 1 | Any interested party can contribute to the case.[3] | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 15 requires notification by the parties.[4] | |
| Pre-merger | 0 | ||
| Post-merger | 1 | Article 15 requires that the notification occur either before the merger or within 1 month after the merger is completed. | |
| Merger Assessment | Dominance | 1 | Article 16(1) considers the market position as a relevant assessment factor. |
| Restriction of Competition | 1 | Article 16(2) considers the possible restrictive effects on competition. | |
| Public Interest (Pro D) | 1 | Article 16(1) considers the possible benefits to the public when deciding whether to allow an otherwise impermissible merger, including international competitiveness. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 16(1) considers the effects on economic progress. | |
| Dominance | Limits Access | 1 | Article 6(2)(c) prohibits refusing to supply demand. |
| Abusive Acts | 1 | Article 6(2) lists several abusive acts which fit under the prohibition. | |
| Price Setting | 1 | Article 6(2)(a) prohibits price setting. | |
| Discriminatory Pricing | 1 | Article 6(2)(d) prohibits applying unequal prices and conditions to equivalent transactions. | |
| Resale Price Maintenance | 1 | Courts have interpreted Article 7 (Distorting Free Competition by means of Unfair Act) as including RPM.[5] | |
| Obstacles to Entry | 0 | ||
| 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 | Case law has interpreted Article 1(1) as including market division (customer allocation) in its list of prohibitions.[6] | |
| 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 | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Case law has interpreted Article 1(1)(d) as prohibiting group boycotts.[7] | |
| Efficiency Defense | 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. |
References
- ↑ Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.
- ↑ See Iberasistencia v. Gremi Regional d’Empreses de Pompes Funebres de Catalunya, TDC Dec. 308/91, of 14 July 1992.
- ↑ Competition Law in the EU, at 265.
- ↑ According to the size limitations of Article 14.
- ↑ See Fina Ibérica, TDC Dec. 9/90, of 25 June 1990 and Ibercarretillas, TDC Dec. 6/90, of 6 June 1990.
- ↑ See Servicios Funerarios de Madrid, TDC Dec. 404/97, of 23 December 1997.
- ↑ See Veterinarios Ambulantes, TDC Dec. 368/95, of 9 February 1998.