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Company Fined for Failing to Notify Acquisitions to Competition Authority

27.10.2024 | 🇪🇸 Spanish competition authority

Company fined for acquiring exclusive control of two distributors without prior notification, leading to a penalty payment and closure of the sanctioning process.


A company was fined 13,320 euros by the CNMC for acquiring exclusive control of Decail Energía and Electra La Honorina without prior notification, as required by competition law.

This failure to notify the acquisitions before completion is known as 'gun jumping' and violates Article 9.1 of the Competition Defense Law, which mandates pre-merger notifications.

After being required to provide information by the CNMC, the company notified the acquisitions in May 2024, leading to a sanctioning process initiated by the Commission in September.

During the investigation, the company acknowledged its responsibility, utilized a legal provision to reduce the fine by 40%, and paid 13,320 euros in advance, resulting in the closure of the sanctioning process by the CNMC.

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