Prohibitions on Contracting and the Future of Public Procurement Antitrust Enforcement in Spain

By Álvaro Iza & Luis Loras – 

This article analyses public procurement antitrust enforcement in Spain since 2013 and addresses the absence of prohibitions on contracting imposed by the Spanish Competition Authority (“CNMC”); except in one occasion on March 27, 2019, despite their announcement back in 2016. It also seeks to ascertain how enforcement will evolve in Spain in the future after the implementation of Directive 2014/24/EU on public procurement. In addition, the article studies the impact that prohibitions on contracting could have on the attractiveness of the CNMC’s leniency program and advances the need for a comprehensive legal regime that increases antitrust enforcement, but not at the expense of the CNMC’s leniency program.

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