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CNMC Updates Guidelines for Calculating Fines for Competition Law Violations

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Photo: Photo by Markus Spiske on Unsplash

The Spanish competition authority, CNMC, has released new guidelines for calculating fines imposed on companies and executives for breaching competition law, including specific provisions for executive penalties.

23.03.2026 | Spanish competition authority


The CNMC has approved new guidelines that outline the methodology for calculating fines for companies that violate competition law. This update includes a new section specifically addressing fines for executives, reflecting recent judicial guidelines.

These guidelines replace provisional instructions from October 2018 and are designed to ensure compliance with the Supreme Court's ruling from January 2015, which annulled previous methodologies. The CNMC's updated approach aims to provide clarity and consistency in the imposition of sanctions.

The methodology for determining fines remains consistent: it begins with identifying a sanction type based on the total global turnover of the infringing company, followed by an assessment of the proportionality and deterrent effect of the penalty.

Importantly, the new guidelines emphasize the CNMC's authority to sanction collusive behaviors, abuse of dominant positions, and acts of unfair competition, as prohibited by both national and EU laws.

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