Competition damages claim: inappropriateness of precautionary measures requiring the CNMC to refrain from issuing a report requested by a Commercial Court
30/08/2022
This Legal Briefing analyses the inappropriateness of precautionary measures requiring the CNMC to refrain from issuing a report requested by a Commercial Court.
On 10 February 2022, Commercial Court No. 1 of Oviedo (the “Court”) requested that the Spanish National Commission on Markets and Competition (the “CNMC”) publish a report for the resolution of a claim procedure for alleged damages arising from anti-competitive conduct sanctioned by the decision of the European Commission of 19 July 2016 relating to a proceeding under Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement (Case AT.39824 – Trucks). In that regard, the claimant brought an appeal for judicial review against what the appellant calls the “injunction to cease the de facto action”, requesting as a precautionary measure that the CNMC refrain from issuing the report requested by Commercial Court No 1 of Oviedo. Id est, the claimant calls into question the due collaboration of the administration (in this case, the CNMC) with the administration of justice.
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