28 February 2008 saw the birth of the Spanish competition authority's ("CNC") leniency programme, inspired mainly by the programme available at EU level. The eagerly anticipated first three CNC decisions have recently been issued; indeed, the first leniency applications were all filed on the same day the programme came into force.
On 27 January 2010, the CNC published its first decision on a leniency application which exposed a cartel in the bath and shower gel manufacturing sector. Two of the cartel participants – Henkel and Sara Lee – submitted statements to the CNC disclosing the existence of a cartel and their participation therein, as well as the involvement of Puig, Colgate and Colomer. The CNC levied fines totalling € 8 million, with Henkel receiving a total waiver and Sara Lee receiving a 40% waiver on account of the leniency programme.
More recently, on 29 July 2010, the CNC issued its second decision on a leniency application in relation to a complex, EU-wide cartel case in the Jerez (sherry) fortified wine market. The CNC sanctioned 9 Jerez wineries, as well as the sector association, FedeJerez, and the regulating council of this particular wine denomination, imposing a total of € 6,723,000 in fines. The two leniency applicants, Complejo Bodeguero Bellavista and Zoilo Ruiz Mateos, belonging to Grupo Garvey, obtained a complete waiver on the basis of the leniency programme. The two applicants argued successfully that they belonged to the same group, and were acting as one undertaking, so both should therefore benefit from full immunity. Interestingly, a third company, Bodegas Gonzalez Byass, was denied a reduction in its fine on the basis that it failed to fulfil its duty to co-operate throughout the sanctioning proceedings.
In its third and most recent decision, given on the 5 August 2010, the CNC imposed fines of more than €14 million on 8 companies (including Rhenus Logistics, DHL-Deutsche Post and Salvat) for a cartel infringement in the market for freight transported by road, and in particular for cargo up to 3,000 kilograms (affecting mostly small and medium-sized companies). The cartel was uncovered through a leniency application lodged by ABX Logistics (now DSV Air & Sea), which obtained a total waiver from fines. Spain-Tir Transportes Internacionales had its fine reduced from € 2.8 million to € 1.6 million for co-operating with the CNC during the proceedings.
Although still at a relatively formative stage of development, it would appear that, 30 months after the launch of the leniency programme, the CNC is using the programme to good effect, and has reportedly been efficient and active in processing applications. Further decisions under the leniency programme are expected over the coming months, which will no doubt assist in better understanding the CNC's thinking and priorities in this area.
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