Competencia

  • CJEU: a parent company may, 'a priori', be sued in its country for competition infringements committed by its subsidiaries in other Member States

    In a relevant judgment on the application of competition law at the European level, the CJEU confirms that, in competition matters, the "presumption of decisive influence" of a parent company over its subsidiary in competition matters allows, in the context of a follow-on action, both entities to be jointly sued in the Member State where the parent company is established.

  • Control of foreign investments in Spain: the transitional regime for investments made by EU and EFTA residents is extended until December 31, 2026

    Foreign investments in Spain carried out by residents of the European Union and the Spanish Free Trade Association will continue to be subject to the prior authorization regime established in Article 7 bis of Law 19/2003.

  • The CJEU rejects the parent company's right to claim damages suffered by its subsidiaries in other countries before the courts of its registered office

    A judgment of the CJEU concludes that, in claims for damages caused by infringement of competition law, it is not possible to rely on the principle of economic unity to interpret the forum of the "place where the harmful event occurred" as being the place where the parent company has its registered office when the affected parties are subsidiaries located in other Member States.

  • Truck cartel: the Supreme Court assesses (and rejects) an expert report submitted in hundreds of legal proceedings that has led to contradictory rulings by different courts

    In a new batch of judgments, the High Court confirms its doctrine in relation to the judicial estimation of the damage in this type of claims, extending it now to a series of cases which were accompanied by a specific expert report which, although more sophisticated than those provided by the plaintiffs in the cases analyzed by the Supreme Court in its judgments relating to the so-called first wave, is still insufficient to accredit the amount of the damage.

  • Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents

    In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.

  • Peru: Indecopi approved 27 mergers in an average of 44 business days in the first two years of its merger control regime

    A study by Garrigues and the Spanish Chamber of Commerce in Peru reports an update of the merger control regime, looking at legal and economic approaches to the law

  • Antitrust damages actions in Latin America: on the path to the European model?

    We look at the progress made in relation to damages actions for infringements of competition law in Colombia, Peru, Mexico and Chile.

  • Mergers and acquisitions in Chile, Colombia, Mexico and Peru: key points to consider

    In current M&A practice, when talking about transactions of a certain size, it is important to take economic competition factors into account, and a preliminary and important element that especially needs to be considered is what the merger control rules are. The timing for making a filing or a notification to obtain approval from the competition authority, and the timing for receiving a reply from that authority are, together with other regulatory clearance which may vary depending on the type of transaction or industry concerned, a crucial element for negotiating the conditions that will need to be fulfilled before closing a merger.

  • Red lines in cooperation agreements between competitors in Colombia

    Companies competing in the same market must analyze whether a possible alliance between them is in compliance with the country’s antitrust legislation. To do so, they should bear a number of factors in mind which could be anti-competitive or which, on the contrary, could generate enhancements or efficiencies under the agreement. We analyze below all key points in relation to this type of transactions in Colombia.

  • Peru: Indecopi approves Guidelines for the Calculation of Notification Thresholds under the Merger Law

    The Antitrust Commission of Indecopi (AC) has approved the final version of the Guidelines for the Calculation of Notification Thresholds, through Resolution 022-2021/CLC-INDECOPI published on June 1, 2021, as part of the implementation of the Peruvian merger control law ("Law 31112"), which will become effective this June 14, and its Regulations. The Guidelines are available here.