Spain: Fines imposed on legal representatives and top executives for breaches of Spanish and EU Competition Law rules
18 October 2018
Article 63.2 of the Spanish Competition Act (15/2007 of 3 July on the Defence of Competition, the SCA) provides that, in addition to the fines that may be levied on legal entities for infringing competition rules, the Spanish Competition Authority (the Comisión Nacional de los Mercados y la Competencia, the CNMC) may impose independent fines of up to EUR60,000 on the legal representatives or top executives of the companies or trade associations.
Fines imposed on legal representatives and top executives are independent of those that the CNMC can levy upon companies or trade associations but are ancillary to these latter fines.
Yes, there is. Article 63.2 of the SCA provides that no fine can be levied on those legal representatives or top executives of the infringing company or trade association that:
•Did not attend the meetings at which the anticompetitive agreements or practices were adopted; or
•Voted against or saved their votes which related to such agreements or practices.