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"Communication 1/2023, of 13 June on the criteria that shall govern the prohibition for companies that distort competition to enter into contracts with the public sector by the National Commission for Markets and Competition" (the "Communication") has been approved. The Communication sets out the criteria that will guide the CNMC when determining the prohibition to contract with the Public Sector and the scope of the prohibition. The CNMC will follow the criteria set out in the Communication in its future infringement decisions.
The key points of the Communication are summarized below:
It is important to note that companies involved in an infringement of Competition Law will be exempted from the prohibition to contract with the Public Sector in the following circumstances:
Baker McKenzie has expertise in the creation and adaptation of antitrust compliance programmes to the requirements of the Guidelines. We also have extensive experience in establishing parameters of conduct and implementing organizational measures to transfer your company's commitment to compliance to the day-to-day decision-making process, both for the people who act on behalf of the company and for all employees, enabling restrictive anti-competitive practices to be detected or prevented.
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