The Supreme Court ratifies the innocence of a Basque company fined by the CNMC for anti-competitive practices

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He supreme court (TS) has ratified the innocence of the Basque company Amurrio Ferrocarril y Equipos (AMUFER), fined in 2016 by the National Commission for Markets and Competition (CNMC) accused of engaging in anti-competitive practices, as reported by the company in a note.

The high court has endorsed a previous sentence of the National Court of January 2022 that annulled the fine of 1.2 million euros to the Álava company, which was accused of forming a cartel together with three other companies to distribute AVE contracts. In its appeal before the AN, AMUFER argued that the four companies formed a joint venture because Adif’s purpose was “to ensure that high-speed rail turnouts are manufactured in Spain, using the best existing technologies, in practically impossible terms and that counted with demonstrable experience of good operation and maximum safety”. The constitution of joint ventures was, according to the company, “essential” to unify these technologies, to deal with the large volumes requested and the short deadlines. The Contentious-Administrative Chamber of the National Court agreed with AMUFER and ordered the CNMC to pay the costs.

The CNMC appealed to the Supreme Court, which in January of this year ratified the resolution of the National Court in a sentence for which there is no appeal. AMUFER has regretted the seven years of judicial litigation and has indicated that although “no one is going to repair the damage caused”, time has proved them right and “justice has pronounced itself clearly and forcefully against the unfair resolution of the Competition Chamber of the CNMC”.