Spanish Court Partially Overturns CNMC Ruling Against Telefónica

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Spain’s High Court (Audiencia Nacional) has partially upheld an administrative appeal filed by Telefónica de España and Telefónica Móviles de España against a 2015 antitrust ruling by the National Markets and Competition Commission (CNMC).

The original dispute stems from CNMC Case S/0490/13, in which the competition regulator sanctioned Telefónica and rival operator Yoigo for entering into network-sharing and commercial agreements that authorities determined restricted market competition.

In its judicial decision, the Administrative Chamber of the High Court granted a partial annulment of the CNMC’s initial resolution. Following the primary ruling, the court issued a supplementary court order addressing key procedural obligations that were not explicitly included in the initial judgment.

Under the updated court ruling, the High Court directed the CNMC to formally publish the judicial decision along with an explanatory press release on its official website. Additionally, the court recognized Telefónica’s right to be reimbursed for expenses incurred while securing bank guarantees to suspend the execution of the financial penalty during the appeal process. The precise amount of financial compensation will be determined during the enforcement phase of the judgment.

The final court order officially closes the long-running judicial proceedings surrounding the 2015 CNMC resolution.

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