Competition and EU Law

Leading teams in Madrid, Barcelona and Lisbon and a long-standing presence in Brussels

Our Competition and EU Law Practice advises on antitrust, merger control, state aid and general EU law issues, including infringement procedures and judicial appeals before European and national competition authorities and courts. It is one of the leading competition and EU law teams not only in Madrid, Barcelona and Lisbon, but also in Brussels, where it opened an office before any of its major Iberian competitors.

In merger control, the team regularly advises on complex and high-profile transactions and obtains clearance from competition authorities in Spain, Portugal, Brussels and worldwide. It has experience in mergers, acquisitions (including public takeover bids) and joint ventures, and in all types of investigations, including first- and second-phase clearances, clearances subject to commitments, and referrals to and from the European Commission.

The team advises and defends companies in cartel and abuse of dominance investigations in Brussels, Portugal, and Spain and, as a result of Spain's decentralized system of antitrust enforcement, in several Spanish regions (including Andalusia, the Basque Country, Catalonia, Castilla la Mancha, Madrid and Valencia). It has established a strong support network of colleagues in the firm's offices throughout Spain and Portugal, trained to help clients involved in dawn raids quickly and at any location. As a result, the team is able to provide comprehensive advice and support to major Iberian and international firms located anywhere on the Peninsula.

The team's competition practice includes proactive advice to and representation of clients seeking to establish and defend distribution networks, self assessment of all types of agreements and, in particular, the design and implementation of compliance audits, programs and training (including simulated dawn raids and other exercises). The team has significant experience in major sectors, such as telecoms, energy and utilities, banking and financial services, and luxury goods, in a wide variety of situations, from infrastructure projects to pricing models.

The team also advises and defends clients in relation to wider EU and trade law issues, such as state aid cases, trade and anti-dumping, public procurement and internal market matters; its experience in litigation before the EU courts is unmatched among Spanish and Portuguese peer firms.

Competition matters:

Notifications of mergers, acquisitions, and joint ventures, including acting for the buyer, seller and third parties in EU, Spanish and Portuguese merger notifications, participating in multijurisdictional filings (often coordinating filings in Europe, Latin America and worldwide), referrals to and consultations with the EU, Spanish and Portuguese authorities regarding notification requirements and references under EU competition law rules.

Cartel issues at EU and national level, including audits and advice on compliance, advising on the risk of dawn raids, attending and assisting during inspections, representing companies before the European Commission and national investigations, providing strategic advice on questions such as leniency and implications under Spanish and Portuguese law (i.e., claims for damages and criminal sanctions), and preparing horizontal agreements to comply with Competition law.

Abuse of dominance cases at EU and national level, including advice on implications for commercial decisions and practices, defending and representing companies before the European Commission, and the Spanish and Portuguese authorities, and formulating claims for damages.

Vertical and other commercial agreements, including advice on the legality and enforceability of vertical agreements (distribution, supply, etc.) and decisions of associations, including assistance in structuring and negotiating agreements, and pursuing and defending companies accused of unlawful vertical restraints.

State aid, including advice on the compatibility of aid, representing alleged recipients, preparing complaints, and defending companies involved in state aid proceedings.

Judicial appeals of EU bodies’ decisions as well as Spanish and Portuguese competition authorities’ decisions at all levels, including related requests for interim decisions and relief.

Wider EU law issues:

Trade and anti-dumping, providing advice on the implications of EU anti-dumping regulations, and defending companies involved in anti-dumping proceedings or that have interest in anti-dumping proceedings affecting third parties, and advising on duties derived from EU customs law.

Public procurement, including advice on the compatibility of EU public procurement procedures (e.g., assessing concessions and public tenders) in light of EU law and European courts’ case law, and representing companies’ and third parties’ interests in investigation procedures at European and national level.

Internal market, including advice on infringement proceedings relating to fundamental freedoms (i.e., free movement of people, goods, capital and services, as well as the freedom of establishment), and compatibility of national law and practices with EU regulatory rules, including sectors such as energy, water, telecommunications or transports.

EU funding, including advice to beneficiaries of European funds and granting authorities on how to adjust their operations to the European requirements on funding, how those funds should be implemented, and how to recover the funds.

Product safety and food law, including advice on the compatibility of national rules and practices with EU law, providing clients with legal support in the framework of the EC registration procedure for plan protection products as well as the Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and designing global strategies to support registration of chemical and agrochemical products and substances at national level.

Litigation before European courts in many areas, advising on and representing clients in proceedings such as:

• Appeals before the General Court against decisions of European bodies and institutions, on behalf of both private parties and public administrations (including the European Commission);
• Appeals before the Court of Justice of the European Union against judgments of the General Court;
• Preliminary rulings submitted by national courts and assessed by the Court of Justice of the European Union;
• Requests for interim measures and third party proceedings;
• Infringement procedures before the Court of Justice against Member States.

Litigation before Spanish and Portuguese courts, supporting parties’ arguments on procedural and other EU law issues (such as internal market matters) or suggesting the reference for a preliminary ruling.