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Spain: Supreme Court has issued judgment on the interpretation of the 10% turnover limit for cartel fines

By  |  February 5, 2015

The Supreme Court has confirmed the interpretation followed by the National High Court over the last two years regarding the limit of 10% of the company’s turnover established under Article 63 of the Spanish Competition Act for the calculation of fines.

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    This recent Supreme Court Decision decides on the issue of whether or not the cap for antitrust fines is of 10% of the group turnover. A prior case law of the High Court had taken the approach confirmed in various cases that the maximum amount was of 10% of turnover generated in the market affected by the cartel or anticompetitive practice.

    The Decision confirms that the maximum of fines is 10% of group turnover.

     

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