Criterios para la fijación de las sanciones en materia de defensa de la competencia impuestas por las autoridades españolasA propósito de la STS de 29 de enero de 2015 (rec. núm. 2872/2013)

Abstract

EU competition law enforcement by Spanish authorities must be made according to national procedural rules as well as to national criteria on setting fines. National Guidelines on the method of setting fines must comply with national law. First, setting the fines must take into account the type of infringement (mild, serious, very serious). This leads to a range of sanctions, which are calculated taking into account the total value of sales of the undertaking concerned. Second, the sanction to be imposed must be determined according to the gravity of the infringement in each case. To this end, it must be taken into account, among other factors, the market affected by the infringement, as well as the illegal gain.