Spanish Competition Authority

The CNMC clears, subject to conditions, the merger by absorption of BANKIA, S.A. by CAIXABANK, S.A.* In order to address the risks observed in certain retail banking segments, as well as in the ATM market, Caixabank has offered remedies that allowed the CNMC to approve the merger. Madrid, 23 (...)

The CNMC authorises Enoflex to acquire exclusive control of Sparflex with conditions* The companies primarily manufacture different types of packaging foil for, among others, cavas and sparkling wines. The purchase is cleared in the phase I, but subject to Enoflex making certain divestments in (...)

The CNMC settles the disciplinary proceedings against Amarres de Algeciras* It was investigating a sector agreement that could have restricted the freedom to hire of new mooring companies in the Port of Algeciras. The case is settled without a fine, since the conditions presented by the (...)

The CNMC steps up its use of algorithms and big data to identify cartels and anti-competitive behaviour* It has implemented a new system for completely anonymous and confidential informants that works similarly to an encrypted chat. The Economic Intelligence Unit (EIU) will process the messages (...)

The CNMC initiates disciplinary proceedings against Funespaña, S.A., asubsidiary of the Mapfre Group* The company did not inform the CNMC that it was purchasing the Alianza Canaria funeral home prior to doing so. The Anti-Trust Law states that companies must inform the CNMC of any merger before (...)

The CNMC analyses, in phase II, Albia’s purchase of the Burgos funeral home, Jordial* The merger consists of the acquisition by Albia Gestión de Servicios, S.L.U. of practically all the funeral assets owned by Jordial, S.L. The Commission will study in depth the risks to competition in the (...)

The CNMC fines the two main pharmaceutical producers of PET radiopharmaceuticals in Spain for €5.76 million* Radiopharmaceuticals are used in nuclear medicine tests to detect and monitor diseases such as cancer. The companies formed a cartel that, for at least four years, allocated the (...)

The CNMC publishes the first update to its Guide to Procurement and Competition, focused on planning* The Guide to Public Procurement and Competition provides guidelines for improving the design of public tenders and identifying collusion between companies. The CNMC has decided to update and (...)

The CNMC fines six companies for altering the solid fuels trading market* The sanctioned companies exchanged sensitive commercial information, allocated customers and fixed prices through various agreements.These practices, which are highly detrimental to competition and prohibited by law, took (...)

The CNMC authorises Areas’s acquisition of Autogrill subject to conditions* Areas agrees to release a total of five establishments by the end of 2021, through the early termination of the contracts on some premises or by not submitting an offer for those premises that are about to expire. It (...)

The CNMC includes Ferrovial Servicios in the disciplinary proceedings initiated against several companies that maintain and operate the national highway network* In 2019, the CNMC opened an investigation into some of the main companies in the sector for potential anti-trust practices. These (...)

The CNMC clears Pigments’ acquisition of Ferro with remedies* The merger affects the ceramic tile sector, which has a long tradition in Spain and is a significant international economic activity. Before approving the purchase, the CNMC conducted a market test and paid special attention to the (...)

The CNMC receives new complaints involving the terms of ICO COVID loans* It is continuing its investigation into various financial institutions to determine whether they engaged in unfair actions when granting ICO loans. The actions it is analysing include the cross-selling of products (...)

The CNMC initiates disciplinary proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD for alleged practices prohibited by the Antitrust Law It is investigating a potential abuse of their dominant market position in Spain involving the manufacture and supply of the drug (...)

The CNMC initiates disciplinary proceedings against the Catalan National Assembly.* It investigates potentially unfair practices involving the launch of the “Strategic Consumption” campaign. This campaign encourages consumers not to buy certain products for reasons unrelated to competition (...)

The CNMC investigates Enel Green Power, S.L. (Enel) and its parent company Endesa Generación, S.A. for alleged anticompetitive practices* It assesses Enel’s possible abuse of its dominant position as a company designated as a Single Node Interlocutor (IUN) in the market for accessing and (...)

The CNMC takes part in the European Commission’s public consultation on competition policy and environmental sustainability targets The CNMC includes the Sustainable Development Goals (SDGs) as one of its key areas of activity. Competition policy contributes to the SDGs by stimulating (...)

The CNMC will analyse in depth the merger involving Mooring & Port Services, S.L. and Cemesa Amarres de Barcelona* It consists of creating a joint venture, which will be the only provider of mooring services in the Port of Barcelona. The CNMC starts an in-depth investigation (Phase II), (...)

The CNMC initiates disciplinary proceedings against Maquinaria Garrido S.L. for alleged practices prohibited by the Anti-Trust Law* It is investigating the possible restriction of passive sales by its official distributors outside its exclusive territory, and the possible fixing of resale (...)

The CNMC opens a formal investigation into possible anticompetitive practices of ISDIN, S.A* The potential illegal conduct allegedly consists of fixing resale prices online, at least for sunscreen products. Currently, the CNMC assesses potential competition restrictions imposed by producers (...)

The CNMC investigates possible anticompetitive practices in Spain’s natural gas market* It assesses an alleged abuse of dominant position in said market involving foreclosure. The CNMC investigates a potential antitrust violation in Spain’s natural gas market. On 30 September and 1 October (...)

The CNMC opens a formal investigation into the Royal Canine Society of Spain for alleged antitrust practices* The conduct investigated sought to hinder and avoid competition with other official associations. It potentially affects the markets for certifying purebred dogs and providing judging (...)

The CNMC clears, with remedies, ÇIMSA’s acquisition of CEMEX’s white cement business* The merger has been cleared after intensive work during the second phase subject to a package of remedies that has been subject to a market test, both with the competitors and with the main customers of the (...)

The CNMC initiates disciplinary proceedings against Repsol for a possible violation of the provisions in the resolutions of 30 July 2009 and 20 December 2013* The CNMC has initiated disciplinary proceedings against REPSOL Comercial de Productos Petrolifos, S.A. (Repsol) for a possible breach (...)

The CNMC sanctions the amendment of the 4th framework agreement on stowage, for restricting competition* The entities (a business association and six unions) established, as part of the Negotiating Commission of the 4th Framework Agreement on Stowage, the forced transfer - under non-objective, (...)

The CNMC fines 33 school transport companies and one association for creating a school transport cartel in Navarre* The companies conspired to share the school transport by zones and deceive the School Board of the Government of Navarre, driving up the prices of the service for 8 years. The (...)

The CNMC investigates the possible execution of unauthorised mergers, as well as potential antitrust practices involving the funeral insurance and funeral services markets.* From 8 to 10 September, dawn raids were carried out at the headquarters of various companies active in the aboved (...)

The CNMC decides to challenge certain provisions of the VTC Decree issued by the Basque Government* The provisions being challenged require VTC customers to pre-hire the service 30 minutes in advance and prevent them from geolocating the vehicles available before hiring them. The CNMC asked (...)

The CNMC agrees to extend for three years the remedies agreed as part of the merger authorisation between Telefónica and DTS in 2015* All the remedies are maintained for the maximum period of three years, save for the one involving the purchase of exclusive broadcast rights in Spain for (...)

The CNMC publishes a guide on compliance programmes in relation to anti- trust laws* It contains the criteria that the CNMC would take into consideration when analysing the effectiveness of a compliance programme. It includes the consolidated principles used by other competition authorities to (...)

The CNMC publishes its guidelines on confidentiality claims for competition procedures* It is providing guidelines to companies and other stakeholders when submitting confidentiality claims to the CNMC It considers the most common cases under the CNMC’s assessment and judgments on the matter. It (...)

The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis* The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis The financial sector (45%) and the health products and food sector (30%) (...)

The CNMC authorises Barceló to purchase Globalia’s travel agency business* The CNMC has authorised, in the first phase, Barceló to acquire exclusive control of Globalia’s travel agency business. We do not anticipate this operation to have any adverse effects on competition in the markets affected (...)

CoVid-19- Announcement from the CNMC on the timelines for administrative procedures* "Additional provision 3 of Royal Decree 463/2020 of 14 March, declaring the state of alert to manage the health crisis situation caused by COVID-19, provides for the suspension of periods and timelines for (...)

The CNMC has authorised MIH Food Delivery Holdings (MIH), of the Naspers Group, to purchase Just Eat, with commitments. The operation will be carried out through the takeover bid announced on 22 October 2019. This takeover bid competes with the operation that was already authorised on 19 (...)

The CNMC approves the Quirón Group’s acquisition, with a complete package of commitments, of the Santa Cristina Clinic in Albacete*The merger is approved following intense work in the second phase and a complete package of commitments, which was subjected to successive market tests with its (...)

Spain: The Comisión de la Competencia (CNC) fines ENDESA for Abuse of Dominant Position* In its decision of 21 February 2012, the CNC Council ruled that Endesa Distribución Eléctrica S.A. (Endesa) committed two abuses of its dominant position on the electric installations market, thereby (...)

Spain: The Comisión Nacional de la Competencia (CNC) fines Abertis Telecom S.A.U. for Margin Squeeze* On 8 February 2012, the CNC Council adopted a decision according to which ABERTIS TELECOM S.A.U. (Abertis) infringed Article 2 of the Spanish Competition Act and Article 102 TFEU by hindering (...)