Spain (September 1, 2007)

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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 15 requires notification by the parties.[3]
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.[4]
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.[5]
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.[6]
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

  1. Available in Spanish at http://www.cncompetencia.es/PDFs/doc/P_63.pdf.
  2. Competition Act at page 4.
  3. According to the size limitations of Article 14.
  4. See Fina Ibérica, TDC Dec. 9/90, of 25 June 1990 and Ibercarretillas, TDC Dec. 6/90, of 6 June 1990.
  5. See Servicios Funerarios de Madrid, TDC Dec. 404/97, of 23 December 1997.
  6. See Veterinarios Ambulantes, TDC Dec. 368/95, of 9 February 1998.