Spain: Supreme Court upholds CNMC fines on executives for anti-competitive practices

The Supreme Court of Spain has determined that the competition regulatory agency, the National Commission of Markets and Competition (CNMC), has the power to impose fines on company executives who violate competition laws.

The SC dismissed the appeal filed by businessman Jon Ander de Lapatza, fined in 2016 for the amount of 6,650 euros over an infraction related to the rail sector. The agency then sanctioned several companies and individuals for agreeing on the distribution of markets, pricing and other infractions. The Supreme Court confirmed that, as director of the company Amurrio Ferrocarril y Equipos, De Lapatza, it would have intervened in the decision to violate the law, so the claim of liability is legitimate.

The SC concludes that “article 25 of the Constitution is not infringed… in its application to unipersonal management …”, endorsing the CNMC’s actions and its power to apply sanctions to individuals involved in crimes related to competition.

Full Content: El País

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