Merger Control In Spain

Spain became member of the European Economic Community (EEC), now the European Union (EU), in 1986. Its legislation follows closely the EU Law model. A recent amendment to the relevant provisions of the Competition Act of 1989 and the implementing regulation introduced, like in the EU, a mandatory pre-merger notification control. The rules on concentrations can be found in Chapter II of Title 1 of the Competition Act 16/1989 of July 17, 1989, and in the Royal Decree 1443/2001, of December 21, 2001. Some special provisions with regard to telecommunications, audio-visual, telematic and interactive services markets are contained in the Telecommunications Law 12/1997, of April 24, 1997.

The following questions have been addressed in this article:

Which operations should be notified to the Competition Service and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?

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