The International Handbook on Private Enforcement of Competition Law

The International Handbook on Private Enforcement of Competition Law

Elgar original reference

Edited by Albert A. Foer and Jonathan W. Cuneo

With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of-the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies.

Chapter 21: Spain

Pedro Callol

Subjects: law - academic, competition and antitrust law, law -professional, competition and antitrust law


Pedro Callol1 Introduction Private antitrust damages litigation has been rare in Spain thus far. However, recent developments on the legislative front, along with concerted efforts by the European and Spanish authorities, are expected to increase the number of private damages actions in years to come. a. The 1989 Competition Act Spain, led by the EU modernization effort,2 has recently adopted legislation that facilitates claims for antitrust damages. The legislation includes Law 15/2007 (Competition Act), which was approved on July 3, 2007 and became law on September 1, 2007. The Competition Act abrogated Law 16/1989 (1989 Competition Act), which had been approved on July 17, 1989. The Competition Act brings Spanish competition law in line with EU competition law after the passing of Regulation 1/2003.3 The question of private antitrust damages, like the question of private litigation in general, may be approached from two perspectives, each determining the law applicable 1 Admitted to practice in Spain and the UK (currently non-practising solicitor); law graduate, University of Chicago Law School (Fulbright Scholar) and College of Europe, Bruges. I would like to acknowledge valuable comments kindly provided by my colleague Gonzalo Serrano. Any responsibility for errors or omissions is mine. 2 It is worthwhile citing as key elements in this EU law driven push the case law of the European Court of Justice (ECJ), notably in the Judgments of the ECJ of September 20, 2001, Courage v. Crehan, case C–453/99 and of July 13, 2006, and Manfredi v. Lloyd Adriatico Assicurazioni...

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