On 16 February 2011, officials from the CNC conducted unannounced inspections at the premises of several major companies active in the manufacturing and distribution of polyurethane foam in Spain. The CNC has not named any of the parties under investigation.
The CNC has concerns about the existence of alleged anticompetitive practices in this sector involving direct or indirect price-fixing agreements and commercial policy coordination.
At the request of the Investigations Division of the CNC, officials of the relevant regional competition authorities, in the regions where the inspections took place, accompanied the CNC's officials during those inspections.
Simultaneously, in coordination with the CNC, the (unidentified) National Competition Authority of another Member State of the EU also carried out inspections at the headquarters of major companies in its respective territory.
The inspections are a preliminary step in the CNC's investigation into alleged anticompetitive conduct and do not prejudge the final outcome of the investigation or culpability of the investigated companies. If any indication of infringement is identifed, the CNC will commence formal investigation proceedings, on the basis that such restrictive practices could constitute a breach of Article 1 of the Spanish Competition Act, Law 15/2007, and, as it may affect trade between EU Member States, Article 101 of the Treaty on the Functioning of the European Union.
Lastly, it is worth mentioning that the CNC's press release does not indicate whether these investigations are linked in any way to the unannounced inspections in the same sector carried out by the European Commission in several Member States, which started on 27 July 2010.
To view Community Week, Issue 509; 18th February 2011 in full, Click here.
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