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Sanctions and Exemptions in Spanish Cartel Cases

This text provides a summary of several Spanish cartel cases involving gel manufacturers, toothpastes, professional hair care products, sherry, and freight forwarders. It outlines the participants, sanctions, exemptions, and duration of each case.

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Sanctions and Exemptions in Spanish Cartel Cases

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  1. 9:00 AM - 28 February 2008 – Entrance of the CNC

  2. S/0084/08 GEL MANUFACTURERS • Applicants: Henkel Ibérica (9:04:56); Sara Lee (9:14:56). • Conditionally given to Henkel Ibérica. • Other participants in the infringement: Puig, Colomer and Colgate. • Colomer: The DI considered the infringement was not proved. The Council requested a new inquiry (in progress). • Colgate: One particular vote pleaded for its exoneration. • Sanctions: FOR INFRINGEMENT OF ART. 1 LDC (NOT ART. 101 TFEU) • Henkel: full exemption • Sara Lee: partial exemption (40%) = 3.715.874 € • Puig = 2.437.317 € • Colgate = 2.066.840 € A dissenting vote disagreed with the granted exemptions because it considered both companies as instigators.

  3. S/0085/08 TOOTHPASTE • Infringement of Art. 1 LDC (not Art. 101 TFEU) • Immunity Applicant: Henkel Ibérica. • Other participants in the infringement: Glaxo, Unilever and Colgate. • The DI proposed to file one period of the infringement for having lapsed and the other one for not having been proven. • Resolution: • The Council accepted the proposal of the DI.

  4. S/0086/08 PROFESSIONAL HAIR CARE • Applicant: Henkel Ibérica. • Other participants in the infringement: L’Oréal, Wella, Colomer, Eugène Perma, Montibello, Lendan, DSP Haircare Products and STANPA. • Sanctions: FOR INFRINGEMENT OF ART. 1 LDC (NOT ART. 101 TFEU) • Henkel: full exemption • Sanctions: 51.017.000 €

  5. S/0086/08 PROFESSIONAL HAIR CARE (2) • Infringement: information exchange on prices and tariffs, recent increases on prices and tariffs and forecasts on increases of prices and tariffs. • Duration: from 8 February, 1989 to 28 February, 2008 • Relevant market: hair care products in Spain • Internal organization of the cartel: • 2 Annual meetings (40 meetings in total)  Regularity (1 per semester) with very few exemptions • Strict rotation in the organization of the meetings • Paragraph 74: information exchange on future prices = cartel (vs. hardcore restriction!) • No evidence of actual effects (restriction by object)

  6. S/0091/08 SHERRY • Applicants: Bellavista and ZRM • Problems about the application of leniency by two companies simultaneously. • Bellavista and ZRM: two companies, one group. • Other participants in the infringement: W&H, González Byass, Estévez, Lustau, Barbadillo, Ferris, Pedro Romero, CAYDSA, Consejo Regulador and FEDEJEREZ • Reduction of the sanction for González Byass: • About the attempt to disguise the defense as collaboration and the interpretation of Article 52 RDC by the Council. • Sanctions: • Full exemption for both Bellavista y ZRM • Sanctions: 6.723.000 €

  7. S/0120/08 FREIGHT FORWARDERS • Infringement of Articles 1 LDC and 101 TFEU • Applicant: ABX Logistics (currently DSV Air & Sea) • Other participants: DHL, Deutsche Post, Rhenus Logistics, Salvat, Sain-Tir, Transnatur, Blue Water Shipping, Inter-Tir • Reductions: • DHL: denied because evidende was not considered to be of a "significant added value“. • Spain-Tir: granted (40%) + full exemption in accordance with the confessed period (2000 – 2003) • Sanctions: • Total sanctions: 14.127.000 €

  8. Application of art. 1 LDC and 101 TFUE • Simultaneous application of both dispositions: • Only in cases Sherry and Freight Forwarders • In Gel Manufacturers, Toothpastes and Professional Hair Care Products: Initiated for infringement of national and EU Law but ultimately decided only under national law.

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