The Administrative Chamber of the National High Court has upheld the appeals filed by Ayuela Jiménez in defence of two companies dedicated to school transport in the region of Murcia. These companies had been sanctioned by the National Markets and Competition Commission (CNMC in Spain) with significant fines which have been annulled.
Key judgments: n. º 828/2024 and n. º 834/2024, of 21 November, Administrative Chamber of the National High Court (6th Section).
In these two recent judgments, the National High Court has upheld our appeals, annulling the resolutions of the CNMC which imposed fines of 63,000 euros and 115,431 euros. According to CNMC allegations, the affected companies had participated in a cartel that operated in the Region of Murcia between 2009 and 2018, aimed at the concerted delivery of school routes.
Arguments accepted by the National High Court
The National High Court upheld the arguments presented in the appeals, determining that the elements necessary to impute the infringements to the plaintiff companies were not accredited. Among the most important points, the Chamber concluded:
- No connection with the 2009 agreement.
- Lack of sufficient circumstantial evidence.
These findings underline the lack of conclusive evidence in the CNMC’s rulings.
Involvement of the undertakings in the alleged cartel
The judgments emphasize that the companies did not sign the 2009 cartel agreement, which was identified as the origin of the alleged cartel, nor were they members of the business associations involved. Furthermore, these companies were not included in the leniency applications submitted by other entities collaborating in the investigation.
The CNMC based its sanctions on circumstantial evidence, but the National Court found that this evidence did not meet the necessary requirements of precision and logical connection. Specifically, it was not demonstrated that the companies were aware of or acted in execution of the alleged common plan that arose in 2009.
Action limited to the geographical area of Murcia
On the other hand, the Chamber confirmed that the proceedings were correctly conducted by the Murcia Regional Antitrust Authority, given that the effects of the conduct sanctioned were limited to the geographical area of the autonomous community.
Annulment of penalties and order as to costs
The judgments highlight that the sanctions imposed by the CNMC are not in accordance with the law, which led to the annulment of the resolutions. In both decisions, the Audiencia Nacional underlines the need to prove conclusively the intention and knowledge of the companies in order to justify the sanctions.
Moreover, in both cases, the administration has been ordered to pay the costs, reinforcing the importance of respecting the guarantees of the sanctioning procedures.
Conclusion
The rulings of the National High Court are yet another example of how a proper legal approach can make a difference in the resolution of complex legal disputes. In this case, the defense of school transport companies in Murcia underlines the importance of having a specialized and committed legal team.
If you need more information about our work in competition law or any other area in which we specialize, please do not hesitate to contact us through our website or by telephone. At Ayuela Jiménez, we are here to help.
We include both judgments for you to have a look at:
