On 28/07/2015, The CNMC has issued a total of 171 million euros in fines to 21 companies present in the distribution and marketing of motor vehicles market and/or the provision of after-sales services throughout Spain, as well as two consulting companies, for practices contrary to the Competition Protection Act. The CNMC considers the practices to constitute a cartel (S/0482/13).
The CNMC considers it proven that there was a single continued infraction of article 1 of the Competition Protection Act and of article 101 of the Treaty on the Functioning of the European Union, which consisted of the systematic exchange of confidential and commercially sensitive information, and which covered almost all of the activities carried out by the sanctioned companies via their distribution and after-sales Network.
The exchanges of information were structured around three areas or exchange forums, although it was all part of a complex agreement, developed, depending on the companies, from Feb. 2006 to Aug. 2013
From the investigations carried out by the CNMC in July 2013, documentation was obtained which proved the cartel, complemented by the information provided by SEAT in its request for exemption from payment of the fine.
As a result, 23 operators have been fined. Neverthless, the CNMC has waived payment of the corresponding fine for infringing conduct for SEAT, S.A., as well as Volkswagen Audi España, S.A. and Porsche Ibérica, S.A., all belonging to the same group, as they had applied for the Leniency Program.
The CNMC resolved to impose the following fines (€):
Automóviles Citroën España, S.A: 14.768 million
B&M Automóviles España, S.A.: 776,012
BMW Ibérica, S.A.U : 8 million
Chevrolet España, S.A.U.: 138,580
Chrysler España, S.L.: 265
Fiat Group Automobiles Spain, S.A.: 6.968 million
Ford España, S.L.: 20.234 million
General Motors España, S.L.U.: 22.827 million
Honda Motor Europe Limited sucursal en España, S.L.: 609,325
Hyundai Motor España, S.L.U.: 4.415 million
Kia Motor Iberia, S.L.: 2.074 million
Mazda Automóviles España, S.A.: 656,390
Mercedes Benz España, S.A.: 2.379 million
Nissan Iberia, S.A.: 3.157 million
Peugeot España, S.A.: 15.722 million
Renault España Comercial, S.A.: 18.203 million
Snap-on Business Solutions, S.L.: 52,785
Toyota España, S.L.: 8.657 million
Urban Science España, S.L.U.: 70,039
Volvo Car España, S.A.: 1.706 million