The Spanish competition authority, CNMC, has issued a report on the draft Organic Law of Public Integrity, aimed at establishing a comprehensive system to prevent, detect, and sanction fraud and corruption in the public sector. This initiative is designed to reinforce institutional trust and protect the general interest.

CNMC positively assesses the initiative, noting that corruption undermines competition and economic efficiency. Therefore, measures to prevent corruption also contribute to the proper functioning of markets. The draft law incorporates advancements aligned with CNMC's previous recommendations in public procurement, such as improving planning and design of tenders, digitalizing and centralizing contractual information, and enhancing the motivation behind decisions that limit competition.

Furthermore, CNMC appreciates the use of data analysis tools, increased access to information for supervisors, and the publicity of contracting prohibitions for their deterrent effect. However, CNMC suggests several improvements from a competition and regulatory perspective, including explicitly addressing collusion risks in public procurement and enhancing training in competition for public personnel.

Other recommendations include stricter control of subcontracting, ensuring transparency does not facilitate collusion, promoting competition in smaller contracts, and requiring bidders to declare independent offers and absence of collusion. CNMC also emphasizes the need for better interoperability of public contract platforms and support measures for SMEs in electronic contracting.