Spain (December 28, 1999)
Score = 29
Governed by: Law no. 16/1989 of 17 July 1989 as last amended on 28 December 1999 (hereinafter referred to as “Competition Act”).[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 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.[2] |
| Remedies | Fines | 1 | Article 10 says that the TDC can issue fines for any breaches of Articles 1, 6, and 7. |
| Prison Sentences | 1 | Article 46(6) allows management to be imprisoned for certain violations of the criminal law. | |
| Divestitures | 1 | Article 7 of Council Regulation No 1/2003 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.[3] |
| 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.</ref>Competition Law in the EU, at 265.</ref> | |
| Merger Notification | Voluntary | 0 | |
| Mandatory | 3 | Article 7(1) of CR 139/2004 requires notification[4] | |
| Pre-merger | 2 | Article 7(1) of 139/2004 requires pre-clearance | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 2(1) of CR 139/2004 considers dominance |
| Restriction of Competition | 1 | Article 2(1)(a) of CR 139/2004 considers effect on competition in the market | |
| Public Interest (Pro D) | 1 | Article 2(1)(b) of CR 139/2004 considers the development of technical and economic progress | |
| Public Interest (Pro Authority) | 1 | Article 2(1)(b) of CR 139/2004 considers the interests of intermediate and ultimate consumers | |
| Other | 0 | ||
| Efficiency | 1 | Article 2(4) of CR 139/2004 allows an efficiency defense | |
| Dominance | Limits Access | 1 | Article 82(b) prohibits limiting access |
| Abusive Acts | 1 | Article 82 prohibits abuse of a dominant position | |
| Price Setting | 1 | Article 82(a) prohibits price setting | |
| Discriminatory Pricing | 1 | Articles 81(1)(d), 82(c) prohibit discriminatory conditions | |
| Resale Price Maintenance | 1 | Article 81 prohibits minimum resale price restrictions[5] | |
| Obstacles to Entry | 1 | Article 82 prohibits anti-competitive pricing schemes[6] | |
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 81(1)(a) prohibits price fixing |
| Tying | 1 | Articles 81(1)(e), 82(d) prohibit tying | |
| Market Division | 1 | Article 81 prohibits customer allocation clauses[7] | |
| Output Restraint | 1 | Article 81(1)(b) prohibits limiting production | |
| Market Sharing | 1 | Article 81(1)(c) prohibits market sharing | |
| Eliminating Competitors | 1 | Article 81(1) prohibits agreements that have the purpose or effect of eliminating competition | |
| Collusive Tendering/Bid-Rigging | 1 | Article 81 prohibits bid-rigging | |
| Supply Refusal | 1 | Article 81(1)(b) prohibits supply refusal | |
| Efficiency Defense | 1 | Article 81(3) allows an efficiency defense |
References
- ↑ Competition Law in the EU, at 673-707
- ↑ Id. at 228.
- ↑ See Iberasistencia v. Gremi Regional d’Empreses de Pompes Funebres de Catalunya, TDC Dec. 308/91, of 14 July 1992.
- ↑ The new merger notification guidelines implemented by Council Regulation 139/2004 give undertakings the ability to request exemption from notification requirements. However, because a formal request must be submitted and approved in order to gain exemption, the new notification guidelines are encoded as requiring mandatory pre-merger notification.
- ↑ EC Competition Law, at 97.
- ↑ Id, at 283.
- ↑ Id, at 97.