Corrugated cardboard boxes (Spain)

On June 18, 2015, the Spanish Competition Authority (CNMC) issued a decision imposing administrative fines totaling EUR 57,686,187 on 18 companies – manufacturers of paper, corrugated cardboard and cardboard packaging – and a trade association for engaging in a single, continuous infringement of competition law within the pulp and corrugated board manufacturing and transformation markets in Spain. Although the decision was annulled by the Spanish Audiencia Nacional in 2018/2019 on formal grounds, the court upheld the existence of the cartel.

According to the CNMC’s decision, anti-competitive practices in the Spanish paper manufacturing, paper, and cardboard markets constituted a single, continuous infringement across several market levels:

Conduct 1: Between 2008 and 2012, operators in the pulp manufacturing market exchanged information on paper prices and made collective pricing recommendations. These exchanges were designed to manipulate the PPI reference price index, influencing pricing strategies and indirectly controlling the corrugated board production market. The trade association AFCO acted as a key intermediary in this process
Conduct 2: Between 2002 and 2013, participants in the corrugated board manufacturing and transformation market engaged in price-fixing, market-sharing agreements, and information exchanges. These interactions occurred during meetings, referred to as “mesas,” held between manufacturers in different regions of Spain.

The CNMC classified this infringement as a hardcore cartel.

Compensation for Corrugated Cardboard Purchasers

Purchasers of corrugated cardboard (boxes) affected by the cartel are entitled, under Spanish and EU law, to claim full compensation from cartel members for damages resulting from the anti-competitive practices established by the CNMC. These claims for damages would also include accrued interest from the time the damage was incurred.

Bundled Claim Enforcement through CDC

In collaboration with its partners, CDC is currently preparing to enforce damage claims on behalf of over 150 companies that purchased corrugated cardboard boxes during the affected periods. These companies benefit not only from CDC’s nearly 20 years of experience and expertise in Europe-wide antitrust claim enforcement but also from CDC’s full assumption of all costs and risks. CDC’s “bundling model” enables the comprehensive collection of data, facilitating the preparation of robust damage analysis and the strongest possible presentation of evidence in court. The model also enhances negotiating power against cartel members and ensures complete alignment of interests between the affected companies and CDC.