What this guidebook covers
In 2015 the CNMC (National Markets and Competition Commission) fined 95 Audi, Volkswagen and Seat dealers €41.1 million for fixing prices and commercial terms. The same year it fined 21 car brands €171 million for exchanging sensitive information, and the Supreme Court upheld the fine. The law allows fines of up to 10% of turnover, and up to €60,000 for each manager involved.
This guidebook covers the 6 competition standards every dealer network should audit, with 16 checkpoints: no price-fixing, no market sharing, the dealer's freedom to set prices, clean tenders, no information exchange, and readiness for a CNMC inspection. Rigging a public tender can also mean 1 to 3 years in prison. The guidebook PDF is in Spanish.
The 6 competition standards
| Code | Standard | Ideal fix time |
|---|---|---|
| COM-01 | No price-fixing | Immediate |
| COM-02 | No market sharing | Immediate |
| COM-03 | Dealer free to set its prices | 30 days |
| COM-04 | Clean tenders | Immediate |
| COM-05 | No information exchange | 30 days |
| COM-06 | Ready for an inspection | 30 days |
How to run a Spanish competition law compliance audit, step by step
- Confirm what applies. Identify where staff meet competitors (associations, dealer networks, consultancies, chat groups) and which fleet and public tenders you bid for. Agency contracts with the brand can follow different rules: review them with a lawyer.
- Walk the site, standard by standard. Score each of the 16 checkpoints Pass, Fail or N/A. N/A only where the standard rules it out, with the reason recorded. Ask managers about their contacts with competitors, review pricing decisions, refused sales and 5 tender files, and check meeting minutes and the data sent to consultancies.
- Capture the evidence. A pass counts only with proof captured at the time of the audit: training records, the competitor contact log, request logs, correspondence with the brand, tender files, meeting minutes and the inspection protocol.
- Give every fail an owner and a fix time. Record what you saw and who owns the fix. Each standard carries an ideal fix time, from immediate to 30 days, counted from audit submission (see the table above).
- Fix it, then prove it. The site fixes the cause and uploads proof of closure; the auditor checks the proof before closing the finding.
- Re-check at the next audit. Confirm closed findings stay closed, and look for the same fail at your other sites so one gap doesn't repeat across the network.
Who this guidebook is for
- Management and owners: understand the personal and company risk
- Sales and fleet managers: know what must never be agreed
- Auditors: review meetings, tenders and the relationship with the brand
A reference document, not legal advice. Fines and rules change: check the current text with the regulator or your legal adviser before acting.
