Spain Investigates Energy Market Abuse

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Spain’s National Markets and Competition Commission (CNMC) has launched an investigation into potential anti-competitive practices within the Spanish energy sector. The inquiry centers on suspected abuse of a dominant market position involving discriminatory foreclosure tactics that restrict third-party operators from competing effectively in the market.

As part of a confidential preliminary inquiry initiated by the Directorate of Competition, official inspections were carried out between October 26 and October 29, 2026, at the headquarters of a major corporate group operating within the energy industry.

If proven, the alleged conduct would constitute a serious infringement of Article 2 of Spain’s Competition Act as well as Article 102 of the Treaty on the Functioning of the European Union. These provisions strictly prohibit dominant firms from exploiting their market power to exclude rivals or distort fair competition across the internal market.

The CNMC emphasized that unannounced inspections represent an initial fact-finding step and do not prejudge the ultimate outcome of the investigation or imply any finding of guilt against the entity concerned. Should the evidence gathered confirm prohibited practices under national or European competition law, the watchdog will formally open sanctioning proceedings.

Abuse of dominance is classified as a very severe antitrust infringement under Spanish law. Companies found guilty face severe financial penalties of up to 10 percent of their total worldwide turnover from the business year immediately preceding the sanction.