The Comisión Nacional de los Mercados y la Competencia (CNMC) has initiated a legal challenge against several provisions of Real Decreto 942/2025, which regulates in vitro diagnostic products. The CNMC is specifically contesting articles that limit the sale of self-diagnostic tests, such as pregnancy and COVID-19 tests, exclusively to pharmacies.

Two main restrictions are being challenged: Article 19.7, which allows sales only in pharmacies or their websites, and Article 19.8, which prohibits sales through vending machines. The CNMC argues that these restrictions are disproportionate and could lead to higher prices and reduced access to these essential products.

The authority has previously warned about such competitive restrictions in various reports, including one on the contested decree. The CNMC believes that allowing sales in supermarkets, para-pharmacies, and online platforms would enhance availability, increase competition, and lower prices, especially during high-demand situations like the COVID-19 pandemic.

Furthermore, the CNMC criticizes the limitation on online sales to pharmacy websites, excluding authorized intermediaries, and the prohibition of vending machine sales, which could provide convenient access outside regular pharmacy hours. The CNMC is committed to ensuring effective competition for the benefit of consumers and is authorized to challenge administrative acts that hinder market competition.