concentration processes
The year 2021 saw a notable shift in how the CNMC approached market changes. Fernández pointed to a marked rise in mergers and consolidation among firms, which spanned much of the agency’s audit work. In total, 102 merger cases were documented during the previous year, followed by 46 additional cases as the current year progressed. This upward trend underscored the CNMC’s ongoing commitment to safeguarding competition and curbing the potential abuse of market power. On average, merger decisions were resolved in about 18 days, a speed that Fernández described as among the quickest in Europe for competition authorities.
cartels
The agency’s enforcement program in the prior year included seven sanctions related to cartels, with five cases involving manipulation of public procurement. This line of action drew sustained attention as the CNMC monitored how bid rigging could distort public markets. Among the active investigations, five inquiries into tender irregularities remained unresolved in the year, including a probe linked to loans from ICO. Fernández noted that auditing public contracts is increasingly critical as Europe distributes Next Generation funds and wants to ensure fair access and competitive pricing.
CNMC reaffirmed a clear priority: stamp out collusive cartels in public procurement. This issue has a direct impact on the public treasury, which represents a significant share of national GDP, and the agency remains vigilant in pursuing accountability. The use of data matching and other data-driven tools has raised new challenges. To address these, an Economic Intelligence Unit was established to apply big data analytics for monitoring the public procurement platform and spotting irregularities. Fernández described these analytics techniques as essential to defending competitive markets.
On rail liberalization, progress was evident in the Barcelona–Madrid corridor, where prices were reduced by about a quarter. Early signals suggest similar trends on other routes as digitization advances. The head of CNMC emphasized that Spain’s rail potential is substantial and that digital innovations could unlock new services that integrate train travel more effectively into everyday life.
Overall, CNMC’s activity in the period reflects a broader strategy to preserve contestability across sectors while embracing modern data tools to detect and deter anti-competitive practices. The agency’s leadership stressed that vigilance over public procurement and market consolidation remains central to protecting consumers and taxpayers, especially as Europe’s funding mechanisms expand and evolve.
In the realm of price and profit monitoring, the commission highlighted that managing costs in key sectors, including energy, continues to rely on transparent margins. The aim is to ensure that any consumer-facing subsidies or adjustments do not simply inflate profits at the expense of end users. The focus remains on maintaining fair competition so consumers ultimately benefit from lower prices and improved service quality. This approach reflects a broader commitment to the integrity of markets and the prudent use of public and private resources.
It is clear that the CNMC’s agenda blends traditional competition enforcement with modern data ethics. By combining rigorous case work with advanced analytics, the commission seeks to deter coordination, prevent overreach by dominant players, and foster a more dynamic and open marketplace for all participants. This dual emphasis on enforcement and innovation positions the CNMC as a leading authority on competition policy in a rapidly changing economic landscape.