Topic 3: Intro to Antitrust Law

Refers to any entity engaged in an economic activity, regardless of its legal status or financing. It's a broad concept encompassing businesses, organizations, and individuals involved in market transactions.

These are practices specifically prohibited by antitrust laws. They violate competition rules and can be punished by fines or other sanctions.

These are practices that antitrust authorities can monitor and regulate, but they're not inherently illegal. However, they can be restricted or modified to ensure fair competition.

This involves agreements between competitors to fix prices, restrict output, divide markets, or engage in other anti-competitive practices. It's prohibited under EU and Spanish antitrust law.

This involves a dominant company abusing its market power to exclude competitors, charge unfair prices, or manipulate the market. It's prohibited under EU and Spanish antitrust law.

This includes mergers and acquisitions of companies that can significantly affect competition in a particular market. These mergers are subject to review and approval by antitrust authorities.

This refers to government support that can distort competition by unfairly favoring certain companies. Antitrust authorities monitor and regulate these subsidies to ensure fair play.

This involves defining the relevant market where a company operates. It focuses on the products/services offered and the geographical area where competition occurs. This helps determine if a company has significant market power.

A concentration of companies (merger) has a Community dimension if the total worldwide turnover of all companies involved exceeds 5 billion EUR, and at least two companies have a turnover of at least 250 million EUR within the EU. If the turnover of any of the companies is primarily within one EU member state, the concentration might not have a Community dimension.

The initial examination of a merger notification by the EU Commission to determine if it falls within the scope of regulation and raises serious doubts about its compatibility with the common market.

If a merger potentially raises serious concerns about its compatibility with the common market, the EU Commission will initiate a full-scale investigation to thoroughly analyze the merger's impact on competition.

The EU Commission may impose conditions or obligations on a merger to ensure it does not harm competition in the common market.

If a merger would create or strengthen a dominant position in the market and significantly impede competition, it will be declared incompatible with the common market. This means the merger is prohibited.

If a merger does not significantly impede competition, or if it does but can be made compatible with certain conditions, it will be declared compatible with the common market.

A merger is deemed compatible with the common market if it does not significantly impede effective competition, especially through the creation or strengthening of a dominant position.

When a concentration of companies (merger) is declared compatible with the common market under specific conditions and obligations, it means the merger is allowed but only if the companies fulfill the specific conditions set by the EU Commission.

The need to maintain and develop effective competition within the common market, considering the structure of all relevant markets, the economic and financial power of companies involved, and barriers to entry.

The Commission can require companies to dissolve a merger if it's found incompatible with competition or implemented without approval.

A merger between two or more previously independent companies.

One company gaining control of all or part of another company.

Creation of a joint venture where companies jointly control a third company.

The situation where one company acquires control of another company within the same group, which is not considered a concentration under EU law.

A merger requires notification if the combined market share in Spain reaches 30%, and the total turnover of the companies exceeds 240 million Euros, with at least one company having a turnover exceeding 60 million Euros.

The law governing mergers in Spain, which includes provisions about defining mergers, exemptions, and notification requirements.

The Spanish Competition and Markets Commission (CNMC) is responsible for assessing the potential impact of mergers on competition in Spain. It operates in two phases in this process.

In Phase 1, the CNMC decides whether a merger is out of scope (not subject to review), should be authorized outright, or requires further examination.

In Phase 2, the CNMC evaluates the merger's overall impact. They may authorize it with or without conditions, or ultimately decline authorization.

If a merger is not authorized or requires conditions, the final decision rests with the Council of Ministers in Spain.

The Spanish merger control laws consider criteria related to the economic impact of a merger. These criteria focus on factors such as market structure, competitive landscape, and potential benefits like efficiency gains.

Beyond economic considerations, Spanish authorities may evaluate mergers based on factors of general interest, including national security, public health, the environment, and technological development.

The concentration operation may not be authorized, or may be subject to conditions or obligations, depending on its potential impact on both economic competition and public interest factors.

The CNMC reviews the concentration operation and determines whether the merger significantly affects the competitive landscape of the relevant market.

Any government aid that distorts or threatens to distort competition by favoring certain companies or production of specific goods, affecting trade between member states.

It bans any aid that distorts competition between EU member states.

This article lists three types of aid that are compatible with the common market and not considered illegal: (a) Social aid, (b) Aid for natural disasters, (c) Aid for certain areas of Germany.

Specifies certain conditions for granting aid that are considered compatible with the common market.

Outlines the procedure for obtaining individual exemptions for certain aid.

Any aid granted by a Member State or through State resources that distorts or threatens to distort competition by favoring certain undertakings or the production of certain goods, affecting trade between Member States.

A legal concept encompassing any entity engaged in economic activity, regardless of its legal status or financing, including businesses, organizations, and individuals.

State aid arises when the aid is granted by a public authority or a private or public body designated by a public authority; or it is financed through State resources, including direct grants, loans, guarantees, direct investment in the capital of companies, and benefits in kind.

Aid grants an advantage when it provides an economic benefit that could not have been obtained under normal market conditions, meaning in the absence of State intervention.

Aid is selective when it grants an advantage only to certain undertakings or categories of undertakings or to certain economic sectors. General measures that apply to everyone are not considered selective.

State aid affects competition when it improves the competitive position of the recipient compared to other undertakings with which it competes.

State aid affects trade between Member States when it strengthens the position of an undertaking as compared with other undertakings competing in intra-[Union] trade.

The measure impacts trade between Member States if it strengthens the position of an undertaking compared to other undertakings competing in intra-[Union] trade, even if the recipient isn't directly involved in cross-border trade.