Sergio Baches and Luis Berenguer discuss the calculation of Sanctions in the field of Competition

Sergio Baches and Luis Berenguer, Partner and Head, and Senior Advisor in the Competition and EU Law Department respectively, have published in the Competition Yearbook 2015 (Fundación ICO – Marcial Pons) the article “The calculation of the penalties on defence of competition according to the jurisprudence of the Supreme Court and its application by the National Commission of Markets and Competition (CNMC)”.

In this extensive article they analyse the jurisprudence of the Supreme Court regarding the calculation of sanctions in the field of Competition, that starts with the judgment of 29th of January 2015 which abandons the method of calculation provided in the communication of the extinct CNC on quantification of sanctions (2009), as well as the interpretative problems that still arise in this area , and the application of this doctrine by the CNMC in its latest resolutions. The authors also make some suggestions to improve the Spanish sanctioning system in the Competition field through a future reform.