The National Markets and Competition Commission (CNMC) has urged the airport manager Aena to implement measures that ensure any tendering processes remain fair and transparent as Spain moves toward liberalizing the management of air traffic control towers. This comes as the sector prepares for changes that could affect how control towers are operated in the near future.
CNMC indicates that if an Enaire subsidiary enters any bid, the existing shareholder links between Aena and Enaire could influence the neutrality of the proposals. The regulator highlights the potential risk to impartiality given Enaire’s role in air navigation and its stake in Aena.
The regulator’s analysis anticipates ongoing discussions about forming a subsidiary—EGS, or Enaire Global Services SA—that might participate in tower-related bids along with other European and international managers. The inquiry notes that Enaire has raised questions about competition policy as applied to its group in Spain, where the process may see new players entering the market.
Spain is following the EU model by allowing a consortium of private and public entities to take part through various corporate structures. Currently, Ferronats and Saerco operate some towers in the liberalized framework, reflecting a broader shift in the sector that has already seen liberalization begin a decade ago.
The government is moving forward with the liberalization of control towers at seven airports: Tenerife South, Tenerife North, Malaga, Gran Canaria, Bilbao, Santiago de Compostela and Palma de Mallorca. This phase marks the largest privatization of air traffic control management in Spain since the liberalization began in 2010.
The towers to be liberalized are selected by the Ministry of Transport, Mobility and Urban Agenda (MITMA). Aena will issue public tenders and identify operators that will manage and supervise air traffic control responsibilities.
With this second wave of liberalization, the Government aims to deliver improved efficiency and service quality. A CNMC report from 2018 suggested expanding liberalization beyond the initial towers to achieve greater efficiency, cost savings, higher quality, and better outcomes for consumers.
Impartiality in question
CNMC warns that if a subsidiary of Enaire bids, the shareholding ties between Aena and Enaire could undermine bid impartiality. The regulator stresses that all operators, whether public or private, should be allowed to participate provided they are approved by the competent national authority and in line with EU competition rules.
The possibility of excluding Enaire from the process is considered in order to safeguard competition. Aena is urged to adopt measures that effectively prevent conflicts of interest in its proposals. If necessary, removing Enaire or its subsidiary from the process might be the best available option for maintaining a fair competition framework.
The aim is to ensure tender procedures are designed so that a wide range of operators can participate and avoid any undue restrictions on competition. The CNMC also notes that it can be consulted on tender design to maintain robust competition standards across the sector. It emphasizes that competition rules apply to all market participants and that Enaire and its subsidiary must comply with national and EU rules in any tender activity.
The CNMC’s advisory role is clear: its assessment is prepared in the context of guiding policy and does not dictate future sanctions for specific operators. The regulator’s focus remains on preserving openness and fairness in the tender process while balancing public and private interests within the statutory framework.