Spain. The Cartels and Leniency Review

Jokin Beltrán de Lubiano Sáez de Urabain, Alfonso Gutiérrez Hernández.

The legislation regulating cartel conduct in Spain is the Competition Act.2. The Defence of Competition Regulation implements specific sections of the Competition Act, including, inter alia, procedural questions related to the leniency programme. Furthermore, Spanish competition authorities are entitled to apply Article 101 of the Treaty on the Functioning of the European Union (TFEU) in cases in which restrictive practices potentially affect trade between EU Member States.

Competition rules in Spain are enforced by the National Markets and Competition Commission (CNMC). Certain regions also have authority to enforce the Competition Act in their respective jurisdictions.

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