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31 - Competition Law Sanctions in Spain

from Part II - Country Reports

Published online by Cambridge University Press:  29 July 2022

Tihamer Tóth
Affiliation:
Pázmány Peter Catholic University (Budapest, Hungary)
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Summary

In Spain, sanctions can be of three types: (1) administrative, (2) civil or (3) criminal. The first two are the most important while the third is residual and scarce, although there has been a long-running debate, especially in the academic sphere, about the convenience of greater criminalization. (1) Competition authorities can impose administrative sanctions, mainly fines, on infringers, both on companies and their directors. Exclusion of public tenders can also be imposed on entities that have been sanctioned (final sanction) for anticompetitive behaviour. (2) Commercial courts can award compensation to victims for antitust damages. These awards are always compensatory and not punitive, so they cannot exceed the damage caused. (3) Although there is no specific cartel offence, some anticompetitive conduct can also fall into some criminal types. Although the Spanish Criminal Code has since 1848 had provisions intended to penalise individuals who carry out conduct aiming at altering or manipulating prices, recourse to criminal proceedings for the sanction of these behaviours has been highly exceptional. The current trend is towards intensifying administrative and civil sanctions (higher corporate fines, more frequent and harsher fines for directors and exclusions of public tenders, while enhancing award of damages).

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Publisher: Cambridge University Press
Print publication year: 2022

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