Comparative Guides

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Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Merger Control
6.
Appeal
6.1
Can the parties appeal the authority’s decision? If so, which decisions of the authority can be appealed (eg, all decisions or just the final decision) and what sort of appeal will the reviewing court or tribunal conduct (eg, will it be limited to errors of law or will it conduct a full review of all facts and evidence)?
Spain

Answer ... Decisions of the Council of the National Markets and Competition Commission (CNMC) may be appealed by the notifying parties or any other interested party before the Court of Appeal within two months of the date following notification of the decision. The Court of Appeal can undertake a full review of the administrative proceeding, taking into account all facts and evidence.

Judgments of the Court of Appeal may be further appealed in cassation before the Supreme Court. The Supreme Court cannot review the assessment of facts carried out by the Court of Appeal and will analyse errors of law only.

Further, decisions of the Council of Ministers may be appealed before the Supreme Court within two months.

For more information about this answer please contact: Iñigo Igartua Arregui from Gomez-Acebo & Pombo
6.2
Can third parties appeal the authority’s decision, and if so, in what circumstances?
Spain

Answer ... Third parties can appeal the CNMC’s decisions before the Court of Appeal, provided that they can prove that they have a legitimate interest in the case.

For more information about this answer please contact: Iñigo Igartua Arregui from Gomez-Acebo & Pombo
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Topic
Merger Control