Threats to free market in the Spanish Retail sector

Few days ago, we read the conclusion report of General Counsel Mr. Henrik Saugmandsgaard on issue C-295/1, in which he concludes that a standard such as Article 14 of the Organic Retail Commerce Act (Ley Orgánica de Comercio Minorista, or LOCM), which generally prohibits sales at a loss and does not specify a certain type of analysis to determine whether the behavior in question can be considered unfair, is contrary to European Union law. The report is certainly not binding, but as indicated above, persecution of this kind is happening on a daily basis without anyone to question it.

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