On 9 February 2022, the General Court handed down its judgment in the offbeat case Sped-Pro (T-791/19). Notably, the General Court ruled that before rejecting a complaint on the grounds that the competition authority of a Member State is “better placed”, the Commission must examine, in a concrete and precise manner, the indications provided by…

2021 has been an eventful year for the competition law and policy landscape in Spain. Below we review the main developments and takeaways from the last year in the following areas: (i) institutions, legislation and Covid-19; (ii) merger control; (iii) restrictive agreements and abuse of dominance; and (iv) State aid.   Institutions, Legislation and Covid-19…

On 2 September 2021, the Court of Justice (C-57/19 P) overturned the Judgment of the General Court of 15 November 2018 in the case Tempus Energy v Commission (T-793/14). In its ruling, the Court of Justice provided extensive guidance on which elements may (not) give rise to “doubts” as to the compatibility of a State…

On March 4, 2021, the Court of Justice (‘CJEU’) delivered a judgment in the State aid case Fútbol Club Barcelona (C-362/19 P), quashing the ruling of the General Court of February 26, 2019 (T-865/16) and upholding the Commission’s Decision of July 3, 2016 (SA.29769). In its judgment, the CJEU provided helpful guidance to assess the…

The Spanish competition law landscape has been busy in 2020. Below we review the main developments and takeaways from the last year in the following areas: (i) institutions and legislation; (ii) merger control; (iii) restrictive agreements and abuse of dominance; (iv) State aid; and (v) COVID-19.   Institutions and Legislation Cani Fernández: New President of…

Background On July 15, 2020, the General Court annulled the 2016 Commission Decision ordering Ireland to recover EUR 13 billion of illegal State aid from Apple,[1] chiefly, because the Commission had not demonstrated to the requisite legal standard that an advantage had been granted.[2] On the same day, the Commission’s Executive Vice-President M. Vestager released…