Foreign Investment: Rising Tides of Politics in Regulation

We are delighted to share with you our newly updated report on Foreign Investment: Rising Tides of Politics in Regulation, which reflects a swathe of recent changes to Foreign Direct Investment (FDI) regimes around the world against the backdrop of the Covid-19 pandemic. FDI filings have become an increasingly important piece of the regulatory jigsaw … Read more

Spanish Competition Authority announces COVID-19 related competition law measures

The Spanish National Markets and Competition Commission (Comisión Nacional de los Mercados y la Competencia, or “CNMC”) has announced that, although administrative terms and deadlines have been suspended as a result of the state of emergency announced by the Spanish government, it will continue to handle all proceedings that are necessary to safeguard the general … Read more

THE OFFICERS OF COMPANIES THAT INFRINGE SPANISH COMPETITION RULES MAY BE PENALISED FOR THEIR PASSIVE CONDUCT IN THE INFRINGEMENT

In its recent judgments dated 1 October 2019 (in connection with appeals 5280/2018 and 5244/2018), the Spanish Supreme Court (the “SSC”) has found that the legal representatives and members of the management boards of undertakings that infringe competition rules need not have a decisive or significant role in the infringement; they can be penalised for … Read more

Procurement bans and “self-cleaning” under Spanish competition law

In this video update, Henar Gonzalez (head of the Competition and Trade practice in Madrid) analyses the “self-cleaning” measures that companies should implement to prevent being excluded from public procurement processes, against the background of bans recently imposed by the Spanish Competition Authority (CNMC) on companies preventing them from tendering for contracts with the public … Read more

Joint tendering under Spanish competition law

In this video update, Henar González Durántez (head of the Competition and Trade practice in Madrid) analyses joint bidding through consortia agreements in Spain (known as UTEs) from the perspective of competition law and provides a series of recommendations for companies that are considering forming a consortium agreement or UTE to participate in a tender. … Read more