Legal briefing

The CNMC’s finding of concerted practice and market sharing is declared null and void on the grounds that the National High Court considers that the imputation of the anti-competitive infringement was not proven by circumstantial evidence


In this Legal Briefing, we analyse the judgment of the Spanish High Court that annulled a CNMC resolution on the grounds that it did not establish the existence of a breach of competition law through circumstantial evidence.

The judgment of the National High Court of 20 June 2022 [ECLI:ES:AN:2022:3109] annuls the decision issued on 10 November 2016 by the Competition Chamber of the Council of the National Commission on Markets and Competition (the “CNMC”) in disciplinary proceedings S/0555/15 PROSEGUR-LOOMIS (the “2016 Resolution”).

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CNMC competencia

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