Spanish Leniency Program Enters Into Force

The new Spanish leniency program entered into force on February 28, 2008 after publication of an implementing regulation under Law 15/2007 for the Defense of Competition (“LDC”), which was adopted on July 3, 2007. The new LDC introduced a leniency program, i.e., a system of total or partial exoneration of fines for cartel offenders. The LDC entered into force on September 1, 2007. However, the implementation of the provisions dealing with leniency was postponed until the adoption of the enabling regulation by the Spanish government. The enabling regulation was finally adopted on February 22, 2008.

The Spanish leniency regime closely mirrors those already in force at the EU level and in other EU Member States and will be operated by the new body for the enforcement of competition law, the Comisión Nacional de la Competencia, which replaces the two existing bodies, the Servicio de Defensa de la Competencia and the Tribunal de Defensa de la Competencia.