The Supreme Court rules on the calculation of penalties for infringing antitrust rules
The Supreme Court recently examined the legality of the methodology used by the National Markets and Antitrust Commission (CNMC) to determine the amount of the penalties it imposes.
Specifically, on January 29, 2015, in the BCN Aduanas y Transportes S.A. case, the Supreme Court issued the first of the much awaited judgments on the criteria that the CNMC must follow when imposing penalties for the infringement of anti-trust rules. The judgment also concluded that the calculation system used is contrary to the Antitrust Law.
The Supreme Court judgment requires an in-depth review to be undertaken of the methodology used first by the National Antitrust Commission and now by the CNMC to determine the amount of penalties. For this reason our experts in EU and Antitrust Law have prepared a document analyzing the key aspects of the judgment.
Garrigues Corporate/Commercial Law Department