Madrid, June 13, 2025 — Spain’s competition watchdog has raised concerns that proposed reforms to university regulations could hamper competition and restrict access to higher education, without demonstrably improving academic quality.
In a report published today, the National Commission on Markets and Competition (CNMC) criticized aspects of the draft Royal Decree amending the rules for creating and authorizing universities in Spain. The decree introduces new conditions for institutions—public and private alike—on staffing, infrastructure, financial sustainability, and degree offerings.
While the CNMC supports the goal of enhancing the university system, it warns that many of the new requirements are “unjustified and discriminatory,” potentially deterring new entrants and entrenching existing institutions.
“The existence of public and private competitors does not necessarily harm the quality of the Spanish university system,” the CNMC said in its statement. “Competition, when properly regulated, can in fact drive improvements.”
Among the most contentious measures are minimum thresholds for the number of degrees offered, student enrollment (4,500 students), and student accommodation capacity (10% of places in on-campus housing). The CNMC argues these are poor proxies for quality and may be particularly burdensome for smaller or newly established universities.
The regulator also questions restrictions on management team experience, the cap on tuition fees at affiliated centers, and new limitations on trans-regional university operations.
The CNMC recommends that policymakers:
- Justify or remove thresholds that do not directly correlate with educational quality.
- Focus oversight on objective, measurable indicators—particularly through the national quality agency ANECA.
- Allow flexibility in requirements for virtual or specialized universities.
- Reconsider third-party price controls on affiliated institutions.
The Commission emphasizes that fostering a diverse, competitive higher education landscape is compatible with high standards—provided regulation is transparent, proportionate, and focused on outcomes rather than institutional form.
This report (IPN/CNMC/005/25) was issued under the CNMC’s mandate to promote effective competition across all markets. Though non-binding, its recommendations are expected to carry significant weight in legislative debates.
Source: https://www.cnmc.es/prensa/impulsar-universidades-competencia-20250613
