Spain’s Competition Regulator Refines Fine Calculations & Brings Executives Into Scope

Key Takeaways

• Codified Enforcement Approach: The CNMC has formalized how it calculates competition fines, reflecting practices already tested and upheld in court.
• Executives in Scope: For the first time, the guidelines clearly set out how managers can be fined alongside their companies.
• Methodology Remains Intact: The core calculation, based on global turnover and adjusted for proportionality and deterrence, remains unchanged.
• Legal Alignment Reinforced: The framework sits squarely within Spain’s Competition Act and EU competition rules.

Deep Dive

After years of legal back-and-forth, Spain’s competition authority, the National Markets and Competition Commission, has landed on a clearer, more settled way of explaining how it fines companies for breaking competition law.

The newly issued guidelines replace the provisional framework introduced in 2018, which itself was something of a stopgap. That earlier version came in response to a 2015 ruling by the Supreme Court of Spain that struck down the regulator’s previous 2009 methodology. Since then, the CNMC has been applying an adjusted approach in practice, one that has repeatedly held up under judicial scrutiny.

What the regulator has done now is put that lived enforcement experience into writing.

The Formula Stays, the Explanation Improves

At its core, the CNMC is not reinventing how fines are calculated. The structure will look familiar to anyone who has followed its recent enforcement actions.

The process begins by setting a penalty rate and applying it to the company’s total worldwide turnover. From there, the CNMC steps back and asks a more qualitative question of whether the figure makes sense in light of proportionality and deterrence?

That second step matters. It is where the regulator ensures that a fine is not just technically correct, but meaningful enough to discourage future misconduct.

The types of behavior in scope are unchanged as well, including collusion, abuse of dominance, and unfair competition remain firmly in the crosshairs, prohibited under Spain’s Competition Act and mirrored in EU law through Articles 101 and 102 of the Treaty on the Functioning of the European Union.

A Clear Signal on Individual Accountability

The real shift comes at the end of the document. For the first time, the CNMC has carved out a dedicated section explaining how it approaches fines for company managers. The concept of individual liability has existed before, but the lack of a clearly articulated framework left room for interpretation.

That gap is now narrower.

By grounding its approach in established case law, the CNMC is signaling that enforcement is not limited to corporate balance sheets. Responsibility can, and in some cases will, extend to the individuals behind the decisions.

For compliance leaders, that changes the tone of the conversation. Competition risk is no longer just an organizational exposure, it carries a more direct personal dimension for senior executives.

Consistency With a Measure of Flexibility

Even as the CNMC leans into clarity, it stops short of rigidity.

The guidelines are presented as the regulator’s standard approach, not an inflexible rulebook. Where applying the methodology would not be reasonable, the CNMC leaves the door open to alternative calculations, provided it can justify the deviation.

That balance between consistency and discretion reflects a regulator trying to stay predictable without tying its own hands.

The GRC Report is your premier destination for the latest in governance, risk, and compliance news. As your reliable source for comprehensive coverage, we ensure you stay informed and ready to navigate the dynamic landscape of GRC. Beyond being a news source, the GRC Report represents a thriving community of professionals who, like you, are dedicated to GRC excellence. Explore our insightful articles and breaking news, and actively participate in the conversation to enhance your GRC journey.