Spain’s competition authority has imposed a fine on the Official College of Dentists and Stomatologists of the First Region (COEM) after finding that the professional association failed to comply with binding commitments given in an earlier antitrust settlement.
The case dates back to 2019, when the National Commission on Markets and Competition (CNMC) opened an investigation following complaints from two dental clinics. The authority examined whether public statements and advertising campaigns promoted by COEM and the General Council of Dentists could have restricted competition by discouraging certain market practices. Rather than proceeding to a full infringement decision, the investigation was brought to an end in 2021 through a settlement procedure, under which the entities offered commitments aimed at addressing the CNMC’s concerns.
That settlement has now come under scrutiny. According to the CNMC, COEM did not fully implement the measures it had promised. In particular, references and links to the contested advertising campaigns remained accessible on the association’s website, despite an obligation to remove them. In addition, COEM failed to submit one of the required monitoring reports on the operation of its employment exchange within the agreed timeframe.
The authority considered these shortcomings to be more than procedural. Under Spanish competition law, failure to comply with commitments accepted in a settlement constitutes a very serious infringement, reflecting the importance the CNMC places on the credibility and effectiveness of commitment-based resolutions.
COEM acknowledged its non-compliance and opted for early payment of the fine, a step that allowed it to benefit from a significant reduction under Spanish administrative law. As a result, the fine was reduced by 40%, bringing the final amount to EUR 57,680.