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Spain’s antitrust authority brings infringement proceedings against the Association of Intellectual Property Agents

On 21 June 2013, Spain’s antitrust investigations authority, the Comision Nacional de la Competencia (CNC), brought infringement proceedings against the Association of Intellectual Property Agents, in relation to possible anti-competitive conduct resulting from the criteria for drawing up lists of experts in court, fee schedules, and the collection of contributions.

In particular, alleged violations of the Spanish Competition Act 15/2007 concern, firstly, the collection of court experts based on seniority in the Spanish Patents and Trademarks Office; secondly, a fee schedule that is set by exclusive guidelines; and thirdly, a collection of contributions that is based upon the professional activities of the Intellectual Property Agent before the Spanish Patents and Trademarks Office. [Anthony Reda]

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Spanish Competition Authority investigates Pfizer for an alleged abuse of dominance

On 19 December 2012 the Spanish Competition Authority (“CNC”) opened an investigation to ascertain whether Pfizer allegedly prolonged the patent protection for its active ingredient latanaprost which thereby constitutes an abuse of its dominant position in breach of Article 102 of the Treaty on the Functioning of the European Union.

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Spanish Competition Authority opens formal proceedings against Oracle

On 29 July 2011 the Spanish National Competition Commission (“CNC”)stated that it opened formal proceedings against Oracle Corporation and Oracle Ibérica, SRL (“Oracle”) in relation to an alleged abuse of dominant position in the area of relational databases in breach of article 2 of the Spanish Competition Act 15/2007 and Article 102 of the Treaty on the Functioning of the European Union.  The investigation was prompted by a complaint filed by Hewlett Packard (“HP”).

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