The entry into force of the new Spanish leniency program [1] has significantly stepped up cartel investigations undertaken by the Spanish Competition Authority (hereinafter “CNC”). Under the new regulatory framework enacted by the Spanish Competition Act in July 2007, the CNC has initiated 48 enforcement proceedings, four of which have followed on from “dawn raids” or domicile inspections affecting 36 companies. The new wave of dawn raids has raised several issues as to the extent of the CNC's powers during inspections and, particularly, the protection of legal privilege in Spain. In common with the European Commission, the CNC combines the functions of investigation and decision in a single public institution. However, unlike the Commission, the CNC has clearly split its powers between
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The Spanish Competition Authority launches dawn raids giving rise to controversy over defense rights (Colgate Palmolive España / L’Oreal / Stanpa)
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