ECN Brief

Spain | The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain

Spain | The CNMC has issued 171 million euros in fines to 21 automobile manufacturing and distributing companies in Spain

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

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