On 15 November 2010, the Investigations Division of the Spanish Competition Authority ('CNC') received notification of a concentration by means of which, Manufacturas Tompla S.A. would acquire exclusive control over Maespa Manipulados, S.L., (case C/0299/10 Tompla/Maespa). The review of this merger is still pending.
However, the transaction was completed on 15 July 2010 before notification to the CNC. In view of this, on 3 December 2010 the Investigations Division of the CNC decided to commence formal proceedings against Tompla for a possible breach of article 9 of Spanish Competition Act 15/2007, which requires that parties notify a concentration to the CNC before completion.
Under the Spanish Competition Act a breach is a serious infringement and the Act sets out a fine of up to 5% of the total turnover of the infringing undertaking.
The commencement of these proceedings does not prejudge the final outcome of the investigation. The CNC has a maximum term of 6 months to investigate this case and issue a decision.
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