Clifford Chance has advised Metalúrgica Galaica, S.A. (Megasa) in its defence before the CNMC in relation to restrictive practices on the market for the purchase of scrap iron and the marketing of carbon steel products in Spain, obtaining the closing of all proceedings involving Megasa and its parent company Bipadosa since it was not demonstrated that they took part in the anticompetitive practices under investigation.

In November 2018 and March 2020, Megasa was the subject of two on-site inspections by the CNMC. Subsequently, in July 2020, infringement proceedings were initiated against Megasa and several other companies in the sector. In these proceedings, Megasa submitted allegations explaining that there was no evidence of anticompetitive information exchanges as the accusation in the Statement of Objections was based on the information exchanged with its suppliers in the context of contract negotiations. The Competition Directorate accepted these allegations in its Proposed Resolution, concluding that there was no evidence of any anticompetitive conduct on Megasa’s part and proposing the closing of the proceedings against Megasa and its parent company Bipadosa. The CNMC maintained the accusations against several other companies in the sector, resulting in sanctions of more than 24 million euros imposed by the Board of the CNMC.

Our Competition team included Miguel Odriozola, Diego Doménech, Paula Valenciano, Sara Selma, Óscar Barrachini and Begoña Albéniz.