On 23 November 2022 the Spanish Competition Authority (the
"CNMC") published its Draft Communication
on the criteria for the prohibition of contracting with the Public
Administration due to infringement of competition rules.
The CNMC has opened a public consultation on the Draft that
remains open until 23 December 2022.
Context and background
Since 2015, Spanish Public Procurement Law provides that
infringements of competition law rules can result in the imposition
of a ban from contracting with the Public Administration.
Such a prohibition can be imposed either by the competent
competition authority in the final decision closing an
investigation procedure or, in case no statement has been made by
the competition authority regarding the scope and duration of the
prohibition, the Ministry of Finance, following a proposal from the
State Procurement Advisory Board through separate legal
proceedings.
