The National Court has agreed that the sanction that was imposed last July against Acciona by the National Commission for Markets and Competition be suspended on a precautionary basis. This sanction imposed a fine of 29.4 million euros and the prohibition of making contracts with the Public Administration.
The 29 million were part of a package of sanctions of 203.6 million euros that have been imposed on the main construction companies in the country: Acciona, Dragados de ACS, FCC, Ferrovial, OHLA and Sacyr. The justification for these fines is based on the changes in public tenders used for construction and civil works that these companies carried out for 25 years in our country.
The fullness of these companies have appealed these sanctions, in addition to Acciona, OHLA, Sacyr and Ferrovial have also obtained the injunction that would suspend the sanctions of 21.5, 16.7 and 38.5 million respectively, within this perspective, the prohibition to hire filed will be withdrawn by the regulator. However, the largest penalties for Dragados and FCC of 57.1 million and 40.4 million are still pending resolution.
information exchanges
Since 1992, these companies have held weekly meetings in which they decided the public contracts with which they could share certain technical works for a part of their offers. From the CNMC they defend that information exchanges were also carried out on the strategies of provision to public tenders for hospitals, ports, airports and highways.
Some of these companies, such as ACS, Ferrovial, OHLA or Acciona, have also already achieved other suspensions and annulments of another total sanction of 61 million euros, filed in August 2021, for being part of a cartel consisting of carrying out the tenders for road maintenance and operation services called by the Ministry of Public Works from 2014 and 2018.
Within this procedure, the following were specifically sanctioned: API, an ACS subsidiary fined 11.8 million, Alvac 5.8 million, Ferroser 5.7 million, Copasa 5.6 million, Elsamex 4 million, Innovia 3, 3 million, Aceinsa with 3.2 million, Elsan with 3 million, Acciona with 2.3 million, Audeca with 2.6 million and FCC with 8.5 million.
