Answer ... In Spain, the implementation of a transaction that is subject to merger control without authorisation (whether express or tacit) from the National Markets and Competition Commission (CNMC) is considered a serious infringement. The notifying parties may be fined up to 5% of their total turnover (at a group level) in the year preceding the imposition of the fine.

The CNMC frequently imposes sanctions for failure to notify; however, to date, the amount of such fines has been relatively low. The latest fines imposed by the CNMC for this reason were those imposed in 2019 in Case SNC/DC/093/19 Grupo Nufri (€12,800) and in 2017 in Case SNC/DC/0074/16 Consenur (€20,000).

In such cases, the CNMC may also request the notifying parties to notify the transaction within 20 days of receipt of the request. Failure to notify the transaction within this deadline constitutes a minor infringement. As a result, in addition to the fine for failure to notify before implementing the transaction, the CNMC may impose a fine of up to 1% of the notifying parties’ total turnover (at a group level) in the preceding year. The CNMC may also start merger control proceedings ex officio.

Answer ... Breach of commitments and/or conditions that have been agreed with the CNMC is considered a very serious infringement. The infringing party may be fined up to 10% of its total turnover in the year preceding imposition of the fine.

In addition to this fine, the CNMC may impose coercive fines of up to €12,000 per day in order to compel the infringing party to comply with the commitments or conditions set out in its decisions.