Spain

CNMC is a multi-sector regulator combining competition enforcement with sector regulation. Regional authorities in autonomous communities (e.g., Catalonia, Andalusia) handle locally significant cases.

Article 1 of Law 15/2007 prohibits horizontal cartels. The CNMC has imposed major fines for bid-rigging in public procurement, price-fixing in construction, and market-sharing in transport.

Vertical restraints including resale price maintenance and territorial restrictions are prohibited under Article 1. Active enforcement in distribution and franchise networks.

Article 2 prohibits abuse of dominant position. Significant cases in telecoms (against incumbent operators), energy, and digital platforms.

Mandatory pre-notification for concentrations exceeding thresholds (combined Spanish turnover of EUR 240 million or individual turnover of EUR 60 million with combined market share above 25%). Two-phase review.

Full immunity or fine reduction under Royal Decree 261/2008. Aligned with the ECN Model Leniency Programme. Active use in cartel investigations.

Commitment procedure under Article 52 of Law 15/2007. Settlement (terminacion convencional) allows resolution without a full infringement decision. Fine reductions for cooperation.

Fines up to 10% of total worldwide turnover. Personal fines for directors and managers up to EUR 60,000. No criminal sanctions for antitrust infringements (bid-rigging excepted under Criminal Code).

CNMC actively enforces competition rules in digital markets. Spain has transposed the EU Digital Markets Act. The authority monitors platform-to-business practices and online intermediation services.

CNMC itself combines competition and sector regulation for telecoms, energy, transport, postal services, and audiovisual. This integrated model is unique in Europe.

CNMC conducts inspections (visitas de inspeccion) with judicial authorisation for non-business premises. Powers include access to documents, electronic evidence seizure, and sealing of premises.

Private damages actions available following transposition of the EU Damages Directive (Royal Decree-Law 9/2017). Commercial courts have jurisdiction. Growing body of case law.

Active in ECN, ICN, and OECD. Ibero-American Competition Forum leadership. Bilateral cooperation with Latin American and EU authorities.

Focus on public procurement bid-rigging, digital platform conduct, and healthcare sector cartels. Increased cooperation between CNMC and regional authorities. Growing private damages litigation.