Comment on the Judgment of the Supreme Court 1/2019
DOI:
https://doi.org/10.14422/icade.i112.y2021.009Keywords:
relevant market, position of dominance, abuse of position of dominance, margin of appreciation, judicial control, appeal, competitionAbstract
The judgment that resolved the appeal filed by the State Attorney on behalf of the General State Administration against the decision of the Audiencia Nacional which resulted in the annulation of a sanctioning resolution of the CNC, resulted in the appeal’s dismissal and doctrine’s establishment on two important issues. The first one consists of determining the scope and extent of judicial control over complex economic appreciations that are carried out by the regulator of a sector, making use of the margin of appreciation available based on its powers; the second, to determine whether the delimitation of the relevant market that the CNC had made to sanction Vodafone could or not violate art. 2 LDC and the Community case law.
References
Burzaco Samper, M., Lavilla Rubira, J. J., Magide Herrero, M. y Vega Labella, J. I. (2020). Derecho administrativo económico. Madrid: Dykinson.
STS 1/2019 de 8 de enero de 2019.
SAN 3555/2017 de 1 de septiembre de 2017.
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