In Spain, information exchanges can be analysed as concerted practices under both Spanish and EU competition rules. Although there are no specific regulations or guide-lines for the assessment under Spanish law, both authorities and courts profess to follow EU case law and the guidance of the European Commission, and there is growing national
jurisprudence. In recent years, the approach of the authorities has been increasingly strict, and a wide range of conducts have been found to infringe the law, including several cases that were treated as cartels under the leniency program. Companies and individual directors found to have engaged in such information exchanges may be punished by
fines sand may also face damages claims and public contracting bans, although there are no criminal penalties. On the other hand, information exchanges may be permitted, even if restrictive of competition, where they are de minimis or necessary to generate procompetitive efficiencies.
See complete charter at: Information Exchange and Related Risks: A Jurisdictional Guide. Concurrences Books, September 2022.