CNMC 2026: new council composition and what changes for companies in proceedings

Key data

If your company has an open proceeding before the CNMC —whether for a competition investigation, regulatory supervision, or sanctioning procedure— the team managing it has just changed. The CNMC Plenary approved on 23 July 2026 the reassignment of three advisors between its two decision-making chambers, which directly affects how ongoing proceedings are distributed and resolved.

The resolution was published in the BOE on 6 August 2026 with reference BOE-A-2026-17180, although the changes are effective from 23 July itself.

What does this regulation establish?

The CNMC operates through two specialized chambers that make the most relevant decisions for companies and regulated sectors:

• Competition Chamber: instructs and resolves competition defense proceedings (cartels, abuse of dominant position, concentrations).
• Regulatory Supervision Chamber: supervises regulated sectors (energy, telecommunications, transport, audiovisual, postal, etc.).

The Plenary agreement reassigns three advisors between both chambers. The new composition and presidency is as follows:

The regulation does not modify the legal competencies of the CNMC nor alter formal procedures. It is an internal reorganization of the distribution of work among advisors.

Economic and operational impact

At first glance, a change in internal assignment may seem irrelevant to a company. In practice, it has concrete operational consequences:

• Change of reporting advisor in ongoing proceedings: if a reassigned advisor was the reporting advisor of a proceeding, it may be redistributed. This can affect the pace of resolution and, in some cases, the analysis criteria applied.
• Resolution speed: changes in the composition of regulatory chambers usually generate an adaptation period that can temporarily slow down the processing of proceedings.
• Decision criteria: each advisor has their own background and approach. A change in chamber composition can influence the relative weight of different arguments in sanctioning or supervision procedures.
• Interlocution strategy: legal and regulatory departments of companies with active proceedings must update their map of interlocutors at the CNMC.

There is no direct economic impact derived from this resolution (it does not imply new fees, sanctions, or obligations). The impact is indirect and strategic: it affects who decides about your company and in what timeframe.

Who does it affect?

• Companies with open sanctioning proceedings before the Competition Chamber (investigations for cartels, abuse of dominant position, concentration control).
• Companies in regulated sectors with active procedures before the Regulatory Supervision Chamber: energy, telecommunications, rail and air transport, audiovisual, postal services.
• Legal and regulatory departments of large companies that maintain regular interlocution with the CNMC.
• Law firms and consulting firms specialized in competition and regulation that manage proceedings before the CNMC.
• CFOs and executives of companies that have accounting provisions for proceedings in progress before the regulator.

Practical example

An energy sector company has an open regulatory supervision proceeding before the CNMC since early 2026. Until 23 July, the proceeding was assigned to an advisor of the Regulatory Supervision Chamber. After the reassignment, Joan Capdevila i Esteve and Marina Echebarría Sáenz join that chamber, which may mean that one of them assumes the reporting of the proceeding.

The company's legal team must verify with its external advisor whether the reporting advisor has changed, review the history of criteria applied by the new advisors in previous resolutions, and assess whether it is advisable to update the arguments of the proceeding based on the new decision-maker profile. This diligence can make the difference in the final outcome of a procedure that may result in sanctions or relevant operational constraints.

What should companies do now?

1. Verify if you have active proceedings before the CNMC: both in the Competition Chamber and in the Regulatory Supervision Chamber. If you do, this change directly affects you.
2. Consult with your legal or regulatory advisor: ask them to review whether the reporting advisor of your proceeding has changed following the reassignment of 23 July 2026.
3. Update the map of interlocutors: regulatory affairs departments must incorporate the new composition of the chambers into their institutional monitoring.
4. Review procedural strategy if there are proceedings in the pleadings phase: a change of reporting advisor can be the right time to strengthen or refine the arguments presented.
5. Monitor resolution timelines: changes in composition can generate temporary delays. If you have accounting provisions linked to the resolution of a proceeding, update timeline estimates.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17180