The Spanish Competition authority (CNMC) has imposed a total fine of €3.5 million on six companies for their participation in up to three different cartels involving the exchange of sensitive commercial information, the allocation of customers and the fixing of prices in relation to different types of solid fuels. In addition, five managers of these companies have also been sanctioned with a total fine of €166,700.
According to the CNMC, these practices took place from 1999 to 2018, constituting a single and continuous infringement for almost 20 years.
The solid fuels traded by the companies consisted of metallurgical and petroleum coke, coal, anthracite, foaming agents and smelting additives. All these products are essential for industrial activity, as they are used mainly as sources of energy or to produce other goods.
The CNMC has concluded that the functioning of the three cartels was broadly as follows:
According to the CNMC, this behaviour was carried out continuously for 17 years and was closely monitored by the companies' executives, who followed up on the agreements through regular meetings, calls and e-mails.
However, the duration of this infringement was substantially shorter than in the first cartel. The CNMC has concluded that these practices were conducted in 2015 and between 2017 and 2018.
The CNMC affirmed that the companies were aware of the relevance of the information exchanged, since the confidential nature of the information and the need to treat it with discretion were emphasised in their communications.
As well as imposing fines on the companies involved, the CNMC decided to fine five company managers for their active role in the described agreements. Since the first individuals were sanctioned by the CNMC in 2016, there have been a total of eight cases in Spain where sanctions for companies have also been extended to legal representatives or persons that comprise their management bodies. Initially, fines rarely exceeded €20,000, although these have progressively increased, frequently exceeding €40,000, and thereby approaching the maximum limit of €60,000 established by the Spanish Competition Act (e.g. the highest fine imposed in this case amounts to €51,400). However, it is expected that the transposition of the ECN+ Directive will increase this limit up to €400,000.
Interestingly, although none of the investigated conduct consisted of bid rigging practices, the CNMC has proposed to prohibit the contravening companies from entering into contracts with the Public Administration, with the scope and duration of such prohibition to be determined by the National Advisory Board for Public Procurement.
For further information on this case, please refer to the CNMC’s decision (in Spanish).
For more information please contact Candela Sotés.