Hundreds of millions of euros in compensation support damage claims in Spain

December 10 , 2025 // Specialty : Consumer Rights: consumers and users defense

Published in El Confidencial

For years, filing claims for damages resulting from anticompetitive practices was perceived as an unusual exercise, unfamiliar to the businesses that had suffered such conduct. Over time, this perception has changed. Not only has the applicable legislation established a legitimate right to claim, but in practice, it is increasingly common for those harmed by anticompetitive practices to exercise this right.

Far from being an individual or risky undertaking, claiming damages arising from conduct sanctioned by competition authorities is now a widespread reality. In sectors as diverse as transportation, automotive, food, and healthcare products, companies and even public administrations have exercised their right against their own suppliers or business partners and have obtained significant compensation. Those who exercise their right not only obtain financial redress for a situation they did not create, but also contribute to a fairer and more competitive business environment.

Because it's important to keep in mind that, in many cases, these types of claims are justified by the need to correct a situation that competition authorities have previously declared illegal.

Between 2014 and 2019, the CNMC's sanctions for competition-related offenses exceeded €970 million, and between 2020 and 2022, another €515 million was added, reflecting sustained enforcement activity. At the same time, Spanish courts have resolved thousands of private lawsuits, consolidating a doctrine and jurisprudence that is increasingly favorable to claimants. Today, filing a claim is not an anomaly: it's part of the normal functioning of the market.

The emergence of litigation funds in these types of claims has been key in recent years. They are a type of operator that has become a determining factor in the European and Spanish model for claiming damages for competition infringements. Their presence allows those affected to initiate claims without fully assuming the financial risk of complex and costly proceedings. Furthermore, they professionalize litigation, providing technical and strategic resources that increase the likelihood of success. In this sense, their role extends beyond funding, strengthening a more robust and effective private enforcement ecosystem.

Ultimately, the initial skepticism surrounding these types of claims in Spain has been replaced by a climate of normalcy in which filing such actions is a standard business decision. Indeed, thanks to the combination of strong authorities, increasingly specialized courts, and litigation funds, an ecosystem has been created where filing claims is no longer exceptional, but rather a normal and effective tool for correcting market failures caused by anti-competitive practices.