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Novelties and trends in the investigation of conduct and instruction of disciplinary proceedings of the CNMC

"Last Thursday, March 3, 2022, we met at Fide to discuss the main developments and trends in the investigation of conduct and instruction of disciplinary proceedings of the CNMC with María Luisa Tierno Centella and Antonio Martínez Sánchez"
Maria Luisa Tierno Centella and Antonio Martinez Sanchez

Last Thursday, March 3, 2022 we met at Fide to discuss the main developments and trends in the investigation of conduct and instruction of disciplinary proceedings of the CNMC. For this, we have the presentation of Maria Luisa Tierno Centella, Director of Competition of the National Commission of Markets and Competition (CNMC) and the moderation of Antonio Martinez Sanchez, Partner at Allen & Overy and Director of the Competition Law and European Union Department in Spain.

In a first block, new developments in the field of investigative powers of the CNMC. The transposition in April 2021 to our system of the ECN+ Directive gave rise to a series of modifications of Law 15/2007, of July 3, on the Defense of Competition (LDC) with, among others, the objective of reinforcing said faculties. Thus, for example, the dependencies that can be subject to inspection were expanded and the possibility that the inspection could be carried out, in certain cases, in the CNMC's own premises was foreseen. This body was also empowered to conduct interviews with directors outside the inspections, prior notice, and with legal assistance.

In a second block, the new tendencies in the instruction of sanctioning files, which made it possible to analyze issues such as, for example, the changes that can be foreseen in the content of the Fact Sheets and the Resolution Proposals or the terms in which the accused can invoke the implementation of compliance programs ( compliance) with a view to obtaining a reduction of the possible sanction and avoiding a possible prohibition of contracting.

Likewise, the possible inclusion in our system of a settlement procedure. This route, which has existed for a long time in the sanctioning files before the European Commission, would allow a reduction in the sanction to be granted to the parties under investigation who acknowledge responsibility for the infringement (in addition to the reduction that they could benefit from as leniency applicants). .

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