The Basque Competition Authority (LEA/AVC) has closed the investigation opened in May 2025, imposing economic sanctions on three companies for conduct prohibited by Article 3 of the Spanish Competition Act (LDC). The Basque Competition Council (CVC) has deemed proven the existence of acts of unfair competition to access the registry of maintenance companies for properties managed by ALOKABIDE.
The resolution considers proven a practice prohibited by Article 3 of the LDC, consisting of distorting free competition through unfair acts in breach of competition rules (Article 15.2 of the LCD). Specifically, they are deemed to have infringed Article 139.3 of the LCSP. This occurred within the framework of the tender for the Framework Agreement of the Supplier Registry for repair and renovation services for buildings and homes managed by ALOKABIDE (a public company of the Basque Government).
The conduct involved presenting offers that were not autonomous or independent of the tender called by ALOKABIDE, leveraging the links between the three companies as a business group, and coordinating to obtain the largest number of awards across all lots and specialties. This conduct has been classified as serious.
The three companies found guilty and sanctioned are: INKUDE ZERBITZUAK, S.L (8,699.59 euros), PROMUZA 2007, S.L (51,950.13 euros), and UGAO INSTALACIONES, S.L (63,638.61 euros). In calculating these sanctions, it was considered that the LDC allows for fines of up to 5% of the companies' total turnover in the previous financial year for serious infringements. Furthermore, they are prohibited from contracting with ALOKABIDE for five months in procedures for the maintenance and conservation of the building stock.
No administrative appeal can be filed against the LEA/AVC resolution. However, a contentious-administrative appeal can be lodged with the Contentious-Administrative Chamber of the High Court of Justice of the Basque Country within two months.
LEA/AVC is an autonomous body attached to the Department of Finance and Economy of the Basque Government, operating with organic and functional independence within the Basque Autonomous Community. Its purpose is to promote, guarantee, and improve conditions of free competition and transparency in the market.
