On 29 November 2012, the SCA fined the Regional Association of Winemakers of Valdepeñas (ASEVIVALDEPEÑAS) for infringement of Articles 1 SCA and 101 TFEU (Decision).
On review by the Supreme Court, ASEVIVALDEPEÑAS invoked the principle of legitimate expectations, since the Public Administration intervened in the agreement between the farmers and the winemakers.
The Supreme Court upheld the High Court ruling, concluding that the importance of the Public Administration’s intervention in the agreement is only relative, compared to the seriousness of the illegal agreement. The intervention of the Public Administration in certain practices contrary to competition law does not exempt the participants from liability. Consequently, the Supreme Court considers the possibility of a reduction of liability, depending on the level of participation of the Public Administration; but an exemption of liability may not be granted.