Antitrust litigation
“We are what we repeatedly do. Excellence, then, is not an act, but a habit”. Aristotle
The private enforcement of competition law ("antitrust litigation") has become a well-established legal practice in Spain since the transposition of the EU Directive 2014/104. Companies operating in Spain must be ready to face the risks arising from potential follow-on and stand-alone claims brought against them. Moreover, they should consider the opportunities for compensation which are available to them under these rules when they have been affected by an infringement of competition law.
Since 2013, Ramón y Cajal has a pioneering team of lawyers dedicated exclusively to the private enforcement of competition law in Spain. Ramón y Cajal's antitrust litigation team regularly advises both claimants and defendants, including Spain's leading companies, as well as subsidiaries of major foreign groups.
We are therefore ideally placed to address the substantive, procedural and tactical challenges that arise in this area. We assist our clients in establishing their strategies, risk management and in achieving successful resolutions, whether in court or via extra-judicial settlements.
The lawyers in the private antitrust team are leading practitioners in their field, actively participating in publications and seminars on the subject, including Lexology's "Private Antitrust Litigation" guide Getting the Deal Through and having contributed to the establishment of The European Circle for Competition Damages.
Some of the high-profile cases in which our team has been involved include the following:
- "Oil companies" (since 2019): Advising one of Spain's leading oil operators in its defence against the claims for damages brought by several truck drivers based on several supervisory decisions issued by the Spanish National Competition Authority (CNMC) between 2009 and 2020.
- "Envelope cartel" (since 2014): Advising around 20 clients, including financial institutions, insurers, media, and retailers, on their claims for damages for the overcharge in the purchase of envelopes.
- "The ten-year construction insurance cartel" (since 2016): Representing six major real estate developers in their claims for damages to recover the cost overruns incurred in the ten-year building damage insurance.
