The National Commission of Markets and Competition (CNMC) has filed a fine of 20.9 million euros to Logista Integral Distribution for his participation in a supposed exchange of information between certain tobacco manufacturers, related to the sale of cigarettes from 2008 to 2017.
As reported by the company to the National Securities Market Commission (CNMV), the regulator has considered that this conduct is "constituting a prohibited offense" by the Law on the Defense of Competition and the Treaty on the Functioning of the European Union .
Although it states that it can not be classified as a cartel, since it was not intended to restrict competition, the CNMC considers that this conduct «Is restrictive» in the manufacturing market and sale of cigarettes.
For its part, Logista has announced its decision to file a contentious administrative appeal against this resolution before the National Court, considering that the CNMC "does not prove or demonstrate" that the sales information "has produced the alleged restrictive effects of competition between manufacturers that are attributed to him ».
In particular, the company has stated that it has made available to all tobacco manufacturers and the Commissioner for the Tobacco Market the information on aggregate sales at the provincial level, although it states that "it is not sensitive, nor does it have any effect on the competition among the manufacturers ».
In this sense, Logista defends that this information, which is free, has made it available to all manufacturers who distribute their products with Logista "with the lawful purpose that they can verify strict compliance with the principle of neutrality" in their acting as a distributor in the tobacco market.