Practice AreasCompetition Law

The Competition Law department in DWF-RCD. regularly advises public entities, professional associations, national and multinational companies in all economy sectors, both on a domestic level and before the European Union. Likewise, it also has experts in regulatory matters and regulation compliance.

The team is made up by specialized lawyers with extensive experience in the different areas covered by Competition Law, advising both in a preventive manner and in relation to investigations carried out by national or European authorities.

ANTITRUST

  • Support and assistance to clients that are being investigated by the European Commission (EC)/Spanish Commission of Markets and Competition (CNMC)/Autonomic competition authorities, in relation to cartel infringements or abuses of dominant position. Assistance in investigations and in leniency requests, sanction reduction processes and/or settlements.
  • Support and assistance to companies that are victims of third-party cartels. Legal claims for damages.
  • Assistance to companies or start-ups that are victims of abuses by dominant operators.
  • Preparation of compliance and training programs in competition rules for companies and associations.
  • Antitrust risk analysis in due diligence procedures in the framework of M&A operations.
  • Advising companies in projects of cooperation between competitors (Temporary Association of Businesses, Joint Ventures, etc.) and/or distribution agreements with exclusivity clauses and/or restrictions for reselling products or services.
  • Lobby: Preparation of regulatory modification reports and/or challenging regulations with dispositions contrary to free competition.

MERGER CONTROL

  • In M&A operations, advising in merger control rules, including the evaluation of the need to notify the CNMC (or EC) whenever exceeding the turnover and/or market share notification thresholds. Coordination of said procedures (simplified or ordinary notification), and the design and negotiation of commitments in complex operations.
  • Advising companies affected by third-party mergers with considerable impact to their markets.

OTHER AREAS

  • Assistance to clients in litigations relating to unfair competition regulation infractions (acts of deception, confusion, exploitation of third-party reputation, etc.
  • Advising clients in EU Law matters of a more general nature, such as State aid, commerce, sectoral regulation or public procurement.
  • Support and assistance to companies affected by illegal state aid given to third-parties.