AutoSmart GuidebooksWhat 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
Open a standard to see the law behind it, what is checked, what it can cost and the evidence. Ideal fix times are counted from audit submission.
COM-01No price-fixingImmediate
- The law
- Law 15/2007 on the Defence of Competition · art. 1: collusive conduct, fixing prices and commercial terms
- What we check
- The dealer never agrees selling prices, discounts, workshop prices or commercial terms with competitors, in writing or by word of mouth.
- What it can cost
- Up to 10% of turnover for the company and €60,000 for the manager.
- Evidence
- Training + contact log
COM-02No market sharingImmediate
- The law
- Law 15/2007 on the Defence of Competition · art. 1.1.c: sharing markets or customers
- What we check
- Dealers don't share out areas or customers (fleets, for example) or send customers to the dealer "whose turn it is".
- What it can cost
- Market sharing is a cartel: up to 10% of turnover.
- Evidence
- Enquiry log
COM-03Dealer free to set its prices30 days
- The law
- Law 15/2007 on the Defence of Competition · art. 1: resale price maintenance (RPM) by the manufacturer or importer
- What we check
- The brand may recommend prices, but the dealer decides its own selling price. Brand pressure not to lower prices is documented and reported.
- What it can cost
- A fine for both parties: the brand and the dealer.
- Evidence
- Correspondence
COM-04Clean tendersImmediate
- The law
- Law 15/2007 on the Defence of Competition · art. 1 LDC · Criminal Code art. 262: price rigging in public tenders and auctions
- What we check
- Bids for fleet tenders and public procurement are prepared independently, with no contact with other bidders.
- What it can cost
- Up to 10% of turnover, prison and a ban on public contracts.
- Evidence
- Tender files
COM-05No information exchange30 days
- The law
- Law 15/2007 on the Defence of Competition · art. 1: concerted practices and exchange of sensitive information
- What we check
- At meetings of associations, dealer networks or consultancies nobody shares future prices, margins, discounts or salaries.
- What it can cost
- Treated as an agreement: up to 10% of turnover.
- Evidence
- Minutes
COM-06Ready for an inspection30 days
- The law
- Law 15/2007 on the Defence of Competition · art. 40: CNMC dawn raids · fines for obstruction
- What we check
- Management is trained in competition law, and there is a protocol for a CNMC inspection (who to call, delete nothing).
- What it can cost
- For obstruction: up to 1% of turnover.
- Evidence
- Training + protocol
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.
