PSOE proposes changing the law so that the CNMC can be informed anonymously of infringements of competition

In an amendment to the rule that provides for strengthening the protection of whistleblowers of corruption


The PSOE has proposed in Congress to reform the Law for the Defense of Competition to allow any person to inform the National Commission of Markets and Competition (CNMC) –or its autonomous equivalents– of possible infractions in this matter and to do so in a anonymously if you wish.

With this objective, the Socialist Group has presented an amendment to the draft Law regulating the protection of people who report on regulatory infractions and the fight against corruption, which transposes the European Directive on the protection of informants on infractions of the Union Law (APL).

Specifically, the PSOE is committed to introducing an additional provision to the current law so that anyone can contact the CNMC to report suspicious behavior without the need to file an express complaint, an option that is already contemplated in the law and that requires of identification.

The communication according to the proposal of the PSOE to which Europa Press has had access, would be made through the “external communication channel of the Competition Directorate of the CNMC”, to which “any actions or omissions that may constitute infringements of the Law for the Defense of Competition”.


The Socialists specify in their proposal that this communication “will not be considered a complaint” and that it may “be carried out anonymously” although, in any case, “the identity of the informant will be preserved.” In fact, this can only be communicated to the judicial authority, the Public Prosecutor’s Office or the competent administrative authority in the framework of a criminal, disciplinary or sanctioning investigation.

These informants will be entitled to the support and protection measures provided for in the law being processed in Congress and their communications will be registered in a “secure database” and “restricted access” only for authorized personnel of the CNMC.

Once the communication is received, the Competition Directorate will verify if it exposes facts or behaviors that may constitute indications of infractions of the Law for the Defense of Competition and, in the event that it affects other bodies, it will transfer them to the competent authorities, communicating it. to the informant, “unless the communication was anonymous or the informant had waived receiving communications from the CNMC”. Throughout the process, the confidentiality of the informant’s identity will be preserved.