The CNMC is imposing stricter fines on companies and executives for manipulating public tenders

The National Commission for Markets and Competition (CNMC) has taken a significant step in revising its sanctioning policy with the publication of new guidelines that tighten the criteria for imposing fines, particularly regarding public procurement and collusive practices.

This new framework introduces stricter criteria for both companies and executives, consolidating a model designed to ensure that sanctions have a greater deterrent effect. In particular, it reinforces the regulator's ability to adjust fines not only downwards, as has been the case until now, but also upwards, with the aim of preventing breaches of competition law from being economically profitable.

In this context, Rafael Piqueras, partner in the Competition practice of ECIJA, emphasizes that the new guidelines “are not simply a cosmetic change,” but introduce substantial modifications in the way sanctions are structured. As he explains, the CNMC is consolidating a model in which it directly establishes the sanction type within the legal margins and adjusts it with greater flexibility, thus aligning with European practice.

One of the most significant aspects of this reform is the strengthening of the deterrent criterion in calculating sanctions, which is now considered on the same level as proportionality. This change will allow fines to be adjusted based on the financial capacity of companies and the specific circumstances of each case, which will be especially significant for large companies with an international presence.

Furthermore, the new framework places senior officials at the center of the sanctioning policy, developing for the first time specific criteria for imposing individual sanctions based on factors such as their level of responsibility, their involvement in the conduct, or the duration of the infringement.

From a practical perspective, these changes represent less predictability in calculating sanctions and greater exposure for companies and individual executives, which necessitates strengthening compliance systems and reviewing competition-related prevention and defense strategies.

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