What Is Competition Law in Spain?
Spain’s Competition Law regulates fair business practices and prohibits activities that harm free market competition. It applies to both Spanish and foreign companies operating within Spain or impacting the Spanish market.
🔍 The primary authority is the National Commission for Markets and Competition (CNMC), which enforces competition rules in line with EU law.
At Borderless Lawyers, we assist companies with competition compliance, merger control, investigations, and representation in antitrust disputes.
🏛️ Key Aspects of Spanish Competition Law
🚫 Prohibited Agreements & Cartels
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Price fixing or output restrictions
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Market sharing or bid rigging
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Agreements that limit innovation or restrict supply
📌 Horizontal and vertical agreements are both subject to review under Spain’s Competition Act (Ley de Defensa de la Competencia).
💼 Abuse of Dominant Position
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A company with market dominance cannot:
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Impose unfair prices or conditions
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Limit production or distribution
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Apply discriminatory treatment to customers
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⚠️ Abuse is assessed based on market share, barriers to entry, and actual conduct.
🔍 Merger Control
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Mergers and acquisitions must be reported if:
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Combined turnover exceeds €240 million in Spain
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At least two parties have turnover > €60 million in Spain
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📝 Notification to CNMC is mandatory before completion, or the merger may be void.
👥 State Aid & Public Sector Involvement
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Undue support from public authorities may distort competition
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CNMC can investigate subsidies and issue penalties
💡 EU rules on state aid also apply to Spanish authorities and must be carefully considered.
⚖️ Legal Process & Enforcement
📬 Investigation & Sanctions
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CNMC can open proceedings based on complaints or its own inquiries
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Dawn raids, interviews, and document requests are common in antitrust investigations
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Fines can reach 10% of global turnover
💬 Leniency Program
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Companies that report cartel behavior and cooperate with authorities may receive reduced fines or immunity
🤝 Early disclosure and collaboration can significantly reduce legal exposure.
🧑⚖️ Appeals
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CNMC decisions can be appealed to the Audiencia Nacional (National Court)
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EU-level appeal mechanisms are also available in cross-border matters
🌍 Cross-Border and EU Implications
Spain’s Competition Law is aligned with EU Regulation 1/2003, and Spanish companies are subject to European Commission enforcement if their actions affect multiple Member States.
📌 Spanish competition cases often involve:
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Multinational pricing strategies
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Cross-border data or digital markets
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EU-wide cartel enforcement
💼 How Borderless Lawyers Can Help
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✅ Compliance audits and risk assessment
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✅ M&A and merger control filings
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✅ Representation during CNMC investigations
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✅ Legal defense in cartel or abuse cases
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✅ Contract and distribution structure review
🌐 We advise Spanish and foreign businesses—from tech startups to logistics multinationals.
💬 Real-World Case
Case: A UK software company faced a CNMC inquiry into anti-competitive bundling practices. Borderless Lawyers defended the client, restructured its contracts, and negotiated a 60% reduction in the proposed fine through early cooperation and compliance reforms.
🚀 Avoid Penalties. Ensure Compliance.
Whether you’re scaling into the Spanish market or preparing a merger, antitrust risks can’t be ignored. Borderless Lawyers helps you remain competitive—without crossing legal lines.