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• Spain: The Comisión Nacional
de los Mercados y la Competencia
(CNMC) becomes operational
ENFORCEMENT
& CASES
On 7 October 2013, the Comisión Nacional de los Mercados y la Competencia (CNMC) became fully
operational, following the publication of the relevant Ministerial Order of the Ministry of Economy.
AUTHORITIES
The CNMC merges the competition authority (Comisión Nacional de la Competencia-CNC) with several
sectoral regulators: the National Energy Commission (Comisión Nacional de Energía — CNE), the
Telecommunications Market Commission (Comisión del Mercado de las Telecomunicaciones — CMT), the
• Denmark:
Scandlines
– Commitments
removedea laProhibition
against
Resale
of Cargo
Tickets
National
Competition
Commission
(ComisióntoNacional
Competencia
— CNC),
the Railway
Regulation
Committee
(Comité
de Regulación
Ferroviaria
— CRF),
the National
Postal
Commission
(Comisión
Nacional
On 27 October
2010,
the Competition
Council
adopted
a decision
which
renders legally
binding
the
del
Sector
Postal
—
CNSP),
the
Airport
Economic
Regulation
Commission
(Comisión
de
Regulación
commitments offered by Scandlines to remove a prohibition against the resale of ferry (Cargo? Could
Económica
— CREA)
and the
Statein
Council
Media (Consejo
Estatal
you clarify ifAeroportuaria
it concerns ferry
or cargo?)
tickets,
order of
to Audiovisual
address competition
concerns
that de
thisMedios
could
Audiovisuales
—
CEMA).
infringe Article 101 TFEU and section 6 of the Danish Competition Act. This decision is based on Section
16a of the Danish Competition Act.
Spain newly formed markets supervisor and antitrust authority acts independently of the Government.
To
ensure
independence,
the CNMC
willremoves
function immediately
under parliamentary
oversight
President
will
Under
theits
commitments
Scandlines
must
the prohibition
of and
the its
resale
of cargo
serve
for
a
non-renewable
term
of
office
of
six
years.
tickets and inform its customers about the change in its trade conditions. This will have the same effect
as if the case were closed with an injunction.
The CNMC has a Council and four Directorates: Competition; Telecommunications and Audiovisuals;
Energy;
andisTransports
Postal Services.
Scandlines
part of theand
Scandlines
Group which is one of Europe’s largest ferry operators.
The
Council isfrom
a collective
decision-making
andforwarding
is composed
of two chambers.
first is the
The CNMC
case stemmed
a complaint
from a majorbody
freight
operator.
During the The
investigation,
Competition
Chamber,
which
is
headed
by
the
President
Mr
José
María
Marín
Quemada,
and
the
second
Scandlines confirmed that the prohibition of the resale of tickets was part of its standard trade conditions
isforthe
Sectoral
Supervisory
Chamber,
headed
by
Vice-President
Ms
María
Fernández
Pérez.
Each
chamber
freight. The company stated however that the prohibition had not been enforced and expressed that
isit were
composed
Council
will servefrom
on aitsrotating
basis.terms(?).
The two chambers will keep
willingoftofour
remove
the members,
prohibitionwho
immediately
contractual
each other mutually informed about their activities.
Scandlines completely prohibited the resale of tickets and could thus prevent smaller operators from
The
CNMCfavourable
commenced
its activities
25 September
withvolume
the formation
of the
under the
obtaining
discounts,
sinceon
they
did not have2013,
enough
to achieve
the Council
highest discounts
presidency
of
Mr
José
María
Marín
Quemada
and
the
adoption
of
the
CNMC’s
operating
rules.
on their own and were prevented from entering into grouped (?) purchases with other smaller players.
Such cooperation could have increased the competitiveness of smaller operators in relation to the
See
more
information
appointments
on new
CNMC The
website
larger
operators,
whoon
arethe
eligible
for? the and
highest
discounts.
discounts for Scandlines’ customers
See
also
ECN
Brief
3/2013
amounted annually, in some categories, up to 50%. The Danish Competition and Consumer Authority
was therefore concerned that this prohibition could be in breach of Article 101 TFEU and section 6 of the
Danish Competition Act.
Article 102 TFEU and section 11 of the Danish Competition Act. For the latter, Scandlines would have to
hold a dominant position on the relevant market. Since the case was solved by commitments, the Danish
Competition and Consumer Authority has not made a final assessment as to whether the prohibition on
the resale of tickets infringed EU or national competition law.
See further: http://www.konkurrencestyrelsen.dk/service-menu/presserum/presse-2010/scandlinesophaever-videresalgsforbud/
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