Spain
Answer ... Spanish law does not establish a specific procedure for collective competition actions. Instead, the Civil Procedure Act includes several specific rules that regulate some of the main procedural matters (eg, standing, competence, publicity and res judicata). These rules can be used to bring competition class actions, albeit only for consumer claims.
Under Article 11 of the Civil Procedure Act, a collective action may be brought when several consumers or end users have suffered a so-called ‘harmful event’.
In the case of collective interest actions (where all members of the harmed group are, or can be, easily determined or identified), the law confers standing on:
- consumer and user associations;
- representative associations legally incorporated for the defence of consumer or user rights;
- national (or regional) consumer institutes;
- the attorney general; and
- ad hoc associations of affected individuals.
In the case of diffuse interest actions (ie, where the members of the harmed group are undetermined or difficult to determine), Spanish law confers standing exclusively on consumer and user associations considered representative, and the attorney general.
However, this regime may be affected by Directive 2020/1828 (which is yet to be transposed into Spanish law).
To date (and to our knowledge), only one private enforcement collective action has been brought in Spain, by consumer association AUSBANC against Telefónica owing to anti-competitive margin-squeeze conduct. The case was dismissed on procedural grounds (because the claimant lacked sufficient representative status, as the association was not registered with the pertinent registry). Consumer associations are also expected to promptly file collective actions relating to anti-competitive practices in the Spanish market for vehicle distribution and after-sales services.
Spain
Answer ... It is an opt-in system. Article 15 of the Civil Procedure Act foresees notice requirements and the rights of consumers to participate in the proceedings (except for cessation actions).
In collective interest actions, claimants must first inform each potentially affected consumer about their intention to bring the action. Claimants may seek pre-action discovery from defendants to determine the consumers potentially affected. Failure to fulfil this requirement may lead to the claim not being admitted or to material grounds arising against the continuation of the procedure.
Diffuse interest actions do not require claimants to first inform each consumer potentially affected. However, once the action has been filed, the court clerk will suspend the proceedings for up to two months to inform potentially affected consumers (eg, publication in a newspaper). Claimants are initially responsible for publication costs, although they may be shifted to the defendant afterwards.
After receiving notice, a consumer may decide to become involved in the proceedings (opt-in) or to start new separate proceedings.
However, in diffuse interest claims, if consumers have not joined the proceedings in accordance with the summoning of the court clerk, they will not be entitled to do so later. That said, those consumers may rely on the collective action judgment – even if they were not involved in the proceedings – to seek the direct enforcement of their rights if the class action is successful. In fact, Directive 2020/1828 expressly compels member states to ensure that consumers can benefit from this right.
Spain
Answer ... No, collective actions do not require certification.