CASE COMMENTS: EUROPEAN AND FOREIGN LAW - Spain - ECN+ DIRECTIVE - TRANSPOSITION - INVESTIGATION AND INSPECTION POWERS - FINES

Spain: The Spanish Government modifies the Spanish Competition Law to transpose the ECN+ Directive

On April 2021, the Spanish Royal Decree-Law 7/2021 [“RDL”] entered into force, transposing Directive 2019/1 [“the ECN+ Directive”] and thus modifying the Spanish Competition Act (Act 15/2007, on the Defence of Competition, LDC), Act 3/2013, on the creation of the National Commission for Markets and Competition, and Royal Decree 261/2008, which approves the Spanish Competition Regulation [“RDC”]. Among the several new elements and amendments that this RDL has introduced, the following are worth mentioning: Interviews: the Spanish Competition Authority [“CNMC”] may call for an interview with any person presumedly having relevant information, under the warning of a sanction in case of non-appearance. The interviewees have the duty to respond fully, accurately and truthfully. Interviews can be

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Rafael Allendesalazar, Spain: The Spanish Government modifies the Spanish Competition Law to transpose the ECN+ Directive, 28 April 2021, Concurrences N° 3-2021, Art. N° 101638, pp. 207-208

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