The area of competition law has lawyers with experience in this branch of law who concentrate on advising companies on all matters related to the European and Spanish regulations on the Defense of Competition and Unfair Competition and with the regulations of the European Union on State Aid.
Advice on the Defense of Competition:
Regarding the Defense of Competition, our advice is intended to prevent our clients from being immersed in behaviors that are likely to be considered injurious to competition (abuse of dominant position or collusive conduct) for violating the prohibitions established in the Operating Treaty of the European Union (art. 101) and in Law 15/2007, on the Defense of Competition, (hereinafter, “Law on the Defense of Competition”), in order to avoid being sanctioned, with fines, for the National Commission of Markets and Competition and / or having to defend themselves, in court, against those deemed affected by that violation. For this, we analyze the business models, practices and contracts devised by our clients, in order to adjust them to the requirements of the Law on the Defense of Competition, identifying and assessing the risk that they may be considered harmful to the prohibitions contained in that legal body, in the light of the practice of the National Commission of Markets and Competition and jurisprudence.
Likewise, in collaboration with the area of Procedural Law and Arbitration, the Area of Competition Law defends companies that are considered affected by collusive practices that violate the Law on the Defense of Competition (filing private lawsuits by exercising claims the cessation of these practices (pricing, distribution of markets, discrimination of certain competitors against others, etc.) or compensation for damages caused by them) as well as companies against which third parties are exercising such actions . In addition, the area of Procedural Law and Arbitration is also responsible for the preparation of complaints, for harmful conduct of competition before the National Commission of Markets and Competition, and for clemency applications to be submitted to that body by those who consider having been able to incur such behaviors (for having been a member of a company cartel, etc.).
Advice on Unfair Competition:
Although the prohibition of unfair competition established in Law 3/1991, on Unfair Competition (hereinafter, “Law of Unfair Competition), is not framed in the Law of competition – because the objective pursued by such prohibition (defense of the interests of all who participate in the market) is different from that of competition law, which is to ensure competition in the markets, in the interest of the general interest – it is not uncommon for a behavior that violates the Law of Unfair Competition to violate at the same time the Law on the Defense of Competition, “for affecting the public interest” (art. 3 Law on the Defense of Competition).
Regarding unfair competition, our advice is intended to prevent our clients from being immersed in business practices, whether they are individual or agreed with other companies, which may lead to the violation of the prohibitions established in the Law on Unfair Competition and, with it , have to face, in court, those who are considered affected by that violation. For this, we analyze the business models, practices and contracts devised by our clients, in order to adjust them to the requirements of said law.
Also, in collaboration with the area of Litigation and Arbitration, the Area of Competition Law advises both companies that are considered affected by unfair practices (filing lawsuits for the cessation of unfair practices (acts of deception, confusion or denigration, deceptive omissions, aggressive practices, exploitation of the reputation of others, etc.) or compensation for damages caused by these practices) as well as companies against which third parties are filing such lawsuits.
Advice on State aid matters:
Regarding State aid, we advise clients who consider to be harmed by illegal State aid – for breach of the prohibition foreseen in Article 107 of the Treaty on the Functioning of the European Union – in the drafting of the corresponding complaint before the European Commission.