Callol, Pedro --- "Spain" [2010] ELECD 761; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 21

Section Title: Spain

Author(s): Callol, Pedro

Number of pages: 15

Extract:

21 Spain
Pedro Callol1


Introduction
Private antitrust damages litigation has been rare in Spain thus far. However, recent
developments on the legislative front, along with concerted efforts by the European and
Spanish authorities, are expected to increase the number of private damages actions in
years to come.

a. The 1989 Competition Act
Spain, led by the EU modernization effort,2 has recently adopted legislation that facili-
tates claims for antitrust damages. The legislation includes Law 15/2007 (Competition
Act), which was approved on July 3, 2007 and became law on September 1, 2007. The
Competition Act abrogated Law 16/1989 (1989 Competition Act), which had been
approved on July 17, 1989. The Competition Act brings Spanish competition law in line
with EU competition law after the passing of Regulation 1/2003.3
The question of private antitrust damages, like the question of private litigation in
general, may be approached from two perspectives, each determining the law applicable


1
Admitted to practice in Spain and the UK (currently non-practising solicitor); law gradu-
ate, University of Chicago Law School (Fulbright Scholar) and College of Europe, Bruges. I
would like to acknowledge valuable comments kindly provided by my colleague Gonzalo Serrano.
Any responsibility for errors or omissions is mine.
2
It is worthwhile citing as key elements in this EU law driven push the case law of the
European Court of Justice (ECJ), notably in the Judgments of the ECJ of September 20,
2001, Courage v. Crehan, case C­453/99 and ...