The Spanish National Commission on Markets and Competition (CNMC) has opened sanctioning proceedings against eleven engineering consultancy firms for allegedly manipulating public procurement procedures. The authority suspects that the companies coordinated their participation in tenders for consultancy and technical assistance services, potentially restricting competition in violation of Article 1 of Spain’s Competition Act (Law 15/2007).
According to the CNMC, the companies may have agreed to share out public contracts and submitted fictitious or cover bids in a concerted manner. The tenders concerned were issued by various public authorities at the national, regional, and local levels. The investigation began after the Directorate of Competition analyzed several tenders launched by the Directorate-General for Roads of the Ministry of Transport and Sustainable Mobility for engineering consultancy and technical assistance services.
The companies under investigation include Alauda Ingeniería, Applus Norcontrol, Ciesm-Intevia, Estudios y Servicios de Movilidad y Gestión de Infraestructuras, Heymo Ingeniería, Incope Consultores, iPlan Movilidad, Prointec, Sener Ingeniería y Sistemas, Tema Ingeniería, and TPF Getinsa Euroestudios.
As part of the investigation, the CNMC carried out inspections at several company premises. Between 30 January and 2 February 2024, inspections took place at the offices of AECOM Spain DCS, Alauda, Prointec, SGS Tecnos, and Getinsa. Further inspections were conducted between 25 and 28 November 2024 at the premises of Esmovilidad, Heymo, Imesapi, and Tema. These inspections are part of the CNMC’s investigative powers to gather evidence in suspected cartel cases.
The opening of sanctioning proceedings does not prejudge the outcome of the case. The CNMC now has a maximum period of 24 months to complete its investigation and issue a final decision. If the alleged conduct is confirmed, the companies could face significant fines under Spanish competition law.
This case highlights the CNMC’s continued focus on protecting competition in public procurement, particularly in sectors linked to infrastructure and public investment, where the risk of coordination between competitors can be significant.