Spanish Competition Authority

The CNMC opens a public consultation on the cost of access to railway stations, freight terminals and workshops.* Access to these facilities, which belong to Adif, Renfe and other companies, is essential to allow freight and passenger transport companies to operate. The document will clarify (...)

The CNMC analyses the proposals of La Liga to market the broadcasting rights of the 1st and 2nd divisions in Malta, Italy, Portugal and the Netherlands* The CNMC’s recommendation is to guarantee a competitive, transparent, and non-discriminatory tendering process Some of the conditions proposed (...)

The CNMC fines three steel companies 24 million euros for two very serious infringements in the scrap purchase market in Spain* The companies disclosed information to one another regarding the prices they would offer to iron scrap suppliers. In addition, they shared data on the technical (...)

The CNMC investigates several companies for the possible rigging of public tenders related to security and surveillance services* The possible agreements involving the rigging and allocation of tenders might have affected several public authorities. From March 1 to March 4, the CNMC carried out (...)

Grifols, SA acquires exclusive control of Biotest AG.* On 2 March 2022, the CNMC authorised Grifols, S.A. to acquire indirect exclusive control of Biotest AG in phase one. Grifols is a Spanish company involved in the research, development, manufacturing, marketing, and distribution of (...)

The CNMC approves the acquisition of Glovo by Delivery Hero* Delivery Hero specialises in home food delivery in more than 50 countries. Through its app, Glovo makes it easier for local businesses (restaurants, pharmacies, supermarkets, etc.) to sell their products and make home deliveries. The (...)

The CNMC approves the merger between Norton and Avast* Norton has announced its acquisition of Avast by way of a takeover bid. It approves the merger in the first phase without commitments as it envisages no competition risks. Madrid, February 25, 2022.- The CNMC has granted first phase (...)

The CNMC fines Correos 32.6 million euros for applying an anti-competitive discount system for large customers* This is an abuse of a dominant position prohibited by the Law for the Defence of Competition and the Treaty on the Functioning of the European Union. This conduct would have (...)

International Competition Network (ICN) Competition Advocacy Working Group Meeting hosted by the CNMC* The event held on 9 and 10 February featured 50 speakers from competition agencies around the world and was attended by participants from more than 65 countries. The sessions involved debates (...)

The CNMC initiates disciplinary proceedings against SGAE for possible abuse of dominant position* It is investigating possible anti-competitive practices in the markets for the management of the intellectual property rights of authors and publishers of audiovisual and musical works. These would (...)

The CNMC approves the conditions for creating a joint venture between Boyacá and SGEL* The transaction affects the wholesale distribution and transport in Spain of periodical publications. The venturers must comply with certain conditions imposed by the CNMC, most of which they had offered (...)

Gm Neologic, S.L.U. (Neologic) acquired sole control of Grupo Montalt Servicar, S.L. (Montalt).* On January 4, 2022, the CNMC authorised the operation consisting of the acquisition of sole control by Gm Neologic, S.L.U. (Neologic) of Grupo Montalt Servicar, S.L. (Montalt). Neologic is the (...)

The CNMC opens disciplinary proceedings against several companies for bid rigging relating to military equipment.* The competition authority investigates bid rigging and sharing agreements in tenders called in Spain for the supply, maintenance and upgrade of military equipment. In June and (...)

The CNMC opens disciplinary proceedings against several database marketing companies* It is investing potential customer-sharing and price-fixing (or discount) agreements relating to certain products. In June, the CNMC and the Autoridade da Concorrência (AdC) carried out on-site inspections at (...)

The CNMC is investigating potential anti-competitive practices in Spain’s waste treatment and recycling market* It is assessing whether anti-competitive practices and agreements related to Spain’s plastic and metal waste treatment and recycling market exist. Madrid, 21 December 2021.- The CNMC (...)

Sandfire acquires exclusive control of MATSA.* On 21 December 2021, the CNMC gave the green light to the concentration entailing the acquisition by Sandfire Resources Limited of 100% of Minas De Aguas Teñidas, S.A. (MATSA). Sandfire is an Australian mining company whose core business is (...)

Coloplast acquires control of Atos.* On 21 December 2021, the CNMC authorised the takeover of Atos by Coloplast. Coloplast is a Denmark-based company that makes and sells medical devices related to urology and endocrinology. Atos, headquartered in Sweden, is a medical equipment and supply (...)

Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (members of Orpea Group, owned from French company Orpea, S.A) take over Hestia Alliance, S.L. and Drury, S.L. (members of Hestia Group).* On 21 December 2021, the CNMC authorised Orpea Ibérica, S.A.U and Atirual Inmobiliaria, S.L.U (members (...)

C/1251/21 ARDIAN / ADAMO TELECOM* Ardian acquires the 100% of Adamo. On 14 December 2021, the CNMC authorised Ardian France, S.A. to buy the 100% of Adamo Telecom, S.L.U. Ardian is a private investment house that manages funds on behalf of its clients, mostly pension funds, insurance (...)

EW Group takes over Novogen and Verbeek.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition of exclusive control of Novogen SAS, Novogen do Brasil Avicultura LTDA, and Verbeek’s Pluimvee Beheer BV by Global Layer Genetics GmbH and European Layer Distribution (...)

Fluidra’s founding families secure full control of the company.* On 14 December 2021, the CNMC authorised the corporate deal entailing the change in the nature of control of Fluidra, S.A. The founding families now have full control rather than joint control with Rhône Capital L.L.C. Fluidra’s (...)

Westinghouse Electric Spain acquires exclusive control of Tecnatom.* On 14 December 2021, the CNMC cleared the corporate deal entailing the acquisition by Westinghouse Electric Spain, S.A.U. of exclusive control of Tecnatom, S.A. Westinghouse provides complete development, licensing, (...)

The CNMC fines several companies EUR 1.25 million for imposing minimum commissions in the real estate brokerage market.* The companies fined set up a multiple listing service (MLS) in Spain, through which they imposed minimum brokerage commissions. Membership in the system generally required a (...)

The CNMC concludes its disciplinary proceedings against EURO 6000* The CNMC investigated Euro 6000 over its alleged strategy of denying ING access to its ATM network under the same terms and conditions as other entities. The case was concluded through a “commitment decision”, a formula that (...)

The CNMC is investigating potential bid rigging by the Spanish Ministry of Defence* The Commission is looking into alleged agreements involving bid rigging and sharing contracts related to the supply, maintenance of upgrade of military equipment. Early this month, the Commission conducted new (...)

The CNMC imposed fines of more than 127.8 million euros on the main security, signaling and communications systems companies of AVE’s medium-distance and commuter network in Spain.* For 15 years, these companies made up a cartel that divvied up tenders called for by Adif, with a value of more (...)

The CNMC concludes the infringement proceedings against the main “majors” in film distribution and an audience measurement company* The companies under investigation have submitted a series of commitments that they are obliged to fulfill for five years. This formula, known as “termination by (...)

The CNMC approves Mémora’s acquisition of the Rekalde and Irache funeral homes, with commitments* The acquisitions affect the Basque Country and Navarre funeral services markets. The transaction was cleared in Phase 2, contingent on fulfilment of certain commitments by Mémora not to affect (...)

The CNMC has authorized two concentrations in phase 1 without commitments related to the CAIXABANK/BANKIA merger approved on 23 March 2021 (See Spanish Competition Authority, The Spanish Competition Authority clears a merger between the third and fourth-largest banks in the country subject to (...)

The CNMC resolves its penalty proceedings against Maquinaria Garrido S.L. through traditional enforcement* With this type of remedy, the alleged offender offers certain binding conditions which, if accepted by the Commission, enables it to avoid paying a fine. The CNMC investigates the terms (...)

The CNMC imposes fines on several file and document management service companies for bid-rigging* These practices were conducted via several cartels between 2016 and 2019. Spain’s Ministry of Defence, Ministry of Development and the Reina Sofia National Art Centre were among the public (...)

The CNMC approves the terms and conditions of Santa Lucía’s acquisition of virtually all the assets of Funespaña, Mapfre Group’s funeral plan provider* The transaction affects the funeral services and prepaid funeral plan sectors. Authorisation is contingent on compliance with four terms and (...)

The CNMC dismantles a cartel that altered the results of tenders for the maintenance and operation services of the State Road Network* The cartel, involving 12 companies, was awarded 71 of the 101 Ministry of Development tenders between 2014 and 2018.The sanctioned companies systematically (...)

The CNMC urges Telefónica to modify its agreement with Dazn to be compatible with the commitments acquired in its take-over of DTS* In 2015, the Commission authorised the Telefónica/DTS take-over subject to a series of commitments related to pay television. The recent agreement between Telefónica (...)

The CNMC urges Telefónica to modify or clarify the terms of the Fusión commercial offer that includes the rental of "smartphones" In 2015, the Commission authorised the concentration between Telefónica / DTS subject to a series of commitments related to pay television. Last April, Telefónica (...)

The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona* The CNMC approves with commitments the creation of a 50% joint venture between Mooring & Port Services and Cemesa Amarres de Barcelona The merger (...)

The CNMC publishes a study on the online advertising sector in Spain* It analyses the competition conditions and warns that there is a high concentration level. It estimates that Google and Facebook absorb more than 70% of the market revenue. It points out risks such as opacity and other (...)

The CNMC imposes a fine of 300,000 euros on Albia Gestión de Servicios, S.L.U, a subsidiary of the Santa Lucía group. The company failed to comply with its obligation to notify the CNMC of the purchase of the funeral home Tanatorios Móstoles, S.L. prior to the operation in 2019. This is a serious (...)

The CNMC calls on the Royal Spanish Football Federation (RFEF) to amend their proposal for commercialising the audiovisual rights of the new "Primera RFEF" category The document breaches several requirements set out in Royal Decree-Act 5/2015. It affects the commercialisation of the rights in (...)

The CNMC initiates disciplinary proceedings against Apple and Amazon for possible restrictive competition practices* Both groups could have agreed to trade restrictions on the Amazon website in Spain. They would affect the retail sale of Apple products by third parties and the advertising of (...)

The CNMC approves the take-over merger of Liberbank, S.A. by Unicaja Banco, S.A., subject to certain commitments* The CNMC assessed the commitments proposed by Unicaja to resolve the competition issues resulting from the operation. These affect some of the branches in the province of Cáceres, (...)

The CNMC sanctions two cartels formed by passenger transport companies in Cantabria.* They affected passenger transport services by road in this autonomous community, both regular and discretionary, and especially school transport. The investigation of the cartels constitutes one of the CNMC’s (...)

CNMC and the Autoridad da Concorrência (AdC) carry out simultaneous investigations into possible anti-competitive practices in Spain and Portugal* The inspections concern companies that market subscriptions to databases with business information. Both authorities analyse possible market-sharing (...)

The CNMC conducts a detailed analysis of the Altima Group’s acquisition of Funeraria Juanals* - The transaction seeks to have Elysius Europa, S.L., the parent company of the Altima Group, which is jointly controlled by Albia Gestión de Servicio S.L.U. and Grup VFV, S.L., acquire exclusive (...)

The CNMC initiates disciplinary proceedings against Audax Renovables S.A. for alleged practices prohibited by the Anti-Trust Law* - It is investigating if it used deceit and fraud in its favour to convince household customers of electricity and gas companies to switch their suppliers - (...)

The CNMC imposes a fine of 850,000 euros on Repsol Comercial de Productos Petrolíferos, S.A.* In 2014, Repsol acquired control of Societat Catalana de Petrolis, S.A. (Petrocat) The CNMC authorised the purchase, contingent on the oil company fulfilling a series of voluntary conditions. Repsol (...)

The CNMC initiates disciplinary proceedings against Albia Gestión de Servicios, S.L.U., a subsidiary of the Santa Lucía group.* The company did not notify the CNMC of its purchase of the funeral services company Tanatoria Móstoles, S.L. before acquiring it in 2019. Companies that exceed certain (...)

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 (...)