The National Markets and Competition Commission CNMC has announced disciplinary proceedings against Ecoembes, accusing the organization of potentially abusing its dominant position in the market. The regulatory statement released on Wednesday highlights concerns about the conduct surrounding the auction process used by Ecoembes, suggesting a lack of transparency that could hinder competition among recycling firms.
Ecoembes, recognized as the exclusive operator of the Integrated Plastic Packaging Waste Management System in Spain, faces scrutiny over procedures tied to the auction mechanism. The commission contends that the process may have foreclosed fair participation and limited access for recycling companies, undermining open bidding practices and the principles of market fairness that the competition framework seeks to protect.
The CNMC also stressed that initiating a formal file does not predetermine the investigation’s outcome. No sanctions are anticipated at this stage, with the investigation window currently allowing up to 18 months to reach a resolution. This step aligns with ongoing enforcement timelines under the national competition law and EU treaty provisions that govern market behavior and competitive integrity.
Key issues cited by the CNMC include violations of the Competition Law and relevant European Union rules that govern fair competition and market access. The agency has long tracked the management of auction procedures that may fail to guarantee transparency, traceability, and integrity in bid submissions, dating back to earlier inquiries in 2004. These concerns focus on whether procedural safeguards were in place to prevent manipulation or favoritism in awarding contracts.
Additional concerns involve potential barriers to entry that could prevent qualified participants from joining tenders. The CNMC notes that any obstacles should not be justified by technical, environmental, or economic reasons, and must be demonstrably necessary for legitimate objectives. Such barriers, if proven, would undermine open competition and the efficiency of the market for packaging waste management services.
The new investigation stems from a complaint lodged by PET Compañía para su Reciclado, S.A.U. against Ecoembes, complemented by confidential information obtained by the Competition Directorate. The confidential file has enabled the agency to request extensive data from Ecoembes and other market players, as part of a comprehensive review of bidding practices and market access controls. This approach reflects the CNMC’s duty to assess conduct that could distort competition in the sector.
During the confidential information phase, the CNMC conducted inspections at Ecoembes headquarters and at several recycling facilities in December 2021. The agency requested detailed information from multiple operators in the market to build a clearer picture of bidding procedures, transparency measures, and compliance practices within the system. The actions underscore the commission’s commitment to gathering robust evidence before drawing conclusions about market behavior.
Ecoembes responded by providing a formal statement to the press, emphasizing that the complaint was filed by a single recycling company among more than 380 recognized operators. Ecoembes also noted that it certifies correct local packaging recycling across Spain. The company asserted that its approval processes, decision-making, and auction procedures remain fully aligned with antitrust laws and are publicly documented on its official platform to ensure openness, accessibility, and robust market competition.
In its defense, Ecoembes affirmed its willingness to cooperate fully with investigators and to respond to any information requests from the CNMC. The organization stressed that it adheres to all applicable competition rules and maintains a culture of transparency in procedures and documentation. The current inquiry reflects a broader regulatory effort to safeguard fair competition while balancing environmental objectives with market access considerations.