The CNMC (National Commission on Markets and Competition) has released a report stating that there are no competition distortions in the contracting practices between Aena and its subsidiary ASCAIRM. This finding is crucial for businesses engaged in similar internal contracting arrangements, as it indicates that such agreements may not raise significant competition law concerns.

The report emphasizes the importance of compliance with competition laws, particularly for public sector groups like Aena, which is primarily controlled by the public entity Enaire. Contracts between entities within the same group must adhere to specific conditions to ensure fair competition, including transparency and non-discrimination.

Since 2021, public entities within the same group have been allowed to award contracts directly, provided they do not harm market competition. However, before these contracts can take effect, they must be evaluated by the CNMC to assess their competitive impact. The CNMC's assessment of the contract between Aena and ASCAIRM found no initial signs of competition distortion, as the prices for services appeared to align with market rates.

Competition law advisors are advised to ensure that any internal contracts within public sector groups comply with these regulations and to seek CNMC evaluations to avoid potential penalties. The CNMC can provide advisory opinions to various entities, including legislative chambers and professional organizations, reinforcing the need for businesses to stay informed about regulatory changes and actively engage with the regulatory body.