Competition

Anticompetitive practices

At rēgula, we regularly advise companies and executives in sanctioning proceedings brought by competition authorities (particularly the Spanish competition authority, CNMC) for alleged violations of Articles 1, 2 and 3 of the Competition Act and of Articles 101 and 102 of the Treaty on the Functioning of the European Union. We also intervene in cases concerning the monitoring of compliance with resolutions issued in sanctioning proceedings, as well as in similar proceedings before the competition authorities of the autonomous communities and before the European Commission.

Our team assists companies under investigation for anticompetitive practices, such as collusive agreements, information exchanges, or abuses of dominant position, as well as companies that, upon detecting such practices, have decided to report them and initiate sanctioning proceedings by submitting evidence to the authorities.

We also provide advice during the judicial phase, supporting our clients in the review of administrative decisions before the competent courts. We have experience in administrative litigation before the National Court and the High Courts of Justice, as well as before the Supreme Court. We have also represented our clients before the General Court and the Court of Justice of the European Union in disputes arising from decisions of the European Commission.

We have been directly involved in many of the most significant proceedings handled by the CNMC over the past decade, enabling us to consolidate a deep knowledge of administrative and procedural practice, as well as a strategic and realistic understanding of how competition sanctioning proceedings operate.

For more than a decade, we have represented a major operator in a highly regulated sector, advising it on the legality of its commercial practices in a highly concentrated market. This engagement included defending the client in a sanctioning proceeding before the CNMC, which concluded with the imposition of a significant fine after negotiations for a settlement failed. The matter is currently pending judicial review. In parallel, we advised this client in a compliance monitoring proceeding before the CNMC, which raised complex issues of market definition and economic analysis of the impact of the client’s practices on competitors and customers.

In another case, we assisted a leading company in a different regulated sector throughout a lengthy confidential investigation and subsequent sanctioning proceeding, where novel concepts concerning the effects-based application of Article 1 of the Competition Act were debated. The matter required intensive interaction with the sector regulator during the CNMC’s investigation, which decisively shaped the practice ultimately declared unlawful in the administrative phase. We represented the client in the judicial review of the CNMC’s decision, which was resolved favorably at first instance and is now before the Supreme Court on appeal.

Our practice also includes advising complainant companies, not only those investigated or sanctioned. Among other matters, we assisted a company affected by the exclusionary practices of a publicly owned operator with an almost monopolistic position in a highly regulated sector. In this case, currently under investigation by the CNMC, we reported abusive conduct that hindered the development of new complementary markets alongside the one monopolized by the incumbent. This matter raises novel questions at the intersection of sectoral regulation and competition law.

Our team has likewise represented several companies in the transport sector that were accused of allocating client contracts in a sanctioning proceeding before the CNMC that resulted in fines. Judicial review of this case was favorable to our clients, who succeeded in having the courts acknowledge the lack of evidence of the alleged infringement. In another case with some similarities, we obtained the annulment of a CNMC decision that had sanctioned our client for market sharing through the creation of temporary joint ventures (UTEs). Here, the courts held that the CNMC’s approach to business collaboration via UTEs had disregarded legitimate reasons justifying such cooperation.

Merger control

At rēgula, we frequently advise companies in merger control proceedings before both the Spanish competition authority (CNMC) and the European Commission. We also have significant experience in monitoring compliance with the commitments and conditions attached to the authorization of such transactions.

Our team supports notifying parties responsible for initiating these procedures, as well as sellers of companies or assets whose sale triggers merger control review. Our advice covers pre-transaction jurisdictional and substantive analysis, the implementation of measures to mitigate infringement risks during the notification process (including, among others, the establishment of clean teams), the notification procedure itself, and the negotiation of commitments with the authority as conditions for clearance.

The rēgula team has been actively involved in some of the most significant merger control cases reviewed by the CNMC in recent years, across a wide range of sectors, including telecommunications, audiovisual, banking, consumer goods distribution, and pharmaceuticals. This experience has enabled us to build a deep understanding of the CNMC’s decisional practice, as well as a commercial and strategic perspective on how these procedures operate.

For over a decade, we have represented a major operator in a highly regulated sector, advising it on multiple merger control transactions before both the CNMC and the European Commission. These transactions have involved different corporate structures, such as acquisitions of control over companies, transfers of business assets, and the creation of joint ventures. Some of these cases required intensive negotiations of commitments with the authority or the assessment of complex jurisdictional issues (for example, regarding the full-function character of a joint venture subject to acquisition).

We also represented a client in one of the most significant recent transactions in the banking sector, which was cleared in Phase I subject to commitments. Our work included, among other things, the implementation and monitoring of measures to mitigate infringement risks during the notification process through clean teams, as well as the negotiation of commitments with the authority.

State aid

At rēgula, we advise companies and public entities at every stage of the process for granting, monitoring, and recovering State aid, from the perspectives of both competition law and public law. Our practice combines solid knowledge of the national and European legal framework on State aid with a deep understanding of the economic and administrative factors surrounding such measures, as well as the specific requirements and conditions laid down by the regulations governing the relevant calls for applications.

We act in the design and notification phase of aid to the European Commission and in investigations initiated by the Commission into allegedly incompatible aid. We also provide advice on preparing submissions before the competent national authorities, whether acting as potential beneficiaries, as operators affected by the grant, or as the granting authority itself.

We assist clients in recovery proceedings concerning aid declared unlawful or incompatible, both at the administrative stage and before the courts. Our team has experience in sensitive sectors such as infrastructure, energy, transport, and public services, where the regulatory design of aid is often especially complex.

We also represent companies seeking to challenge aid granted to competitors that distorts the market or confers undue selective advantages. In this context, we act both before the European Commission and before the competent national authorities and courts.

In addition, we advise clients on administrative procedures to obtain public aid, on meeting the requirements for the award of aid, and on revocation and repayment proceedings. We have particular expertise in aid schemes for renewable energy, transport, and electric mobility.

Our approach combines legal rigor, institutional insight, and an understanding of the economic balances at stake. This enables us to design effective strategies to maximize the legal certainty of aid measures and to respond to situations of unfair competition stemming from public decisions.

The rēgula team has taken part in several major State aid cases, primarily advising recipients or competitors adversely affected by administrative measures in favor of rivals. Our experience extends before national authorities and the European Commission, combining precise technical knowledge of EU law with a practical understanding of its domestic application.

In one case, we advised a financial institution that had acquired, through a corporate transaction, a company which had previously received State aid. Years later, the European Commission declared the aid unlawful and incompatible with the internal market, ordering its recovery. Our involvement spanned all phases of the procedure, helping the client manage a legally complex and economically significant situation. The case required a technical analysis of the EU framework on recovery of unlawful aid as well as the relevant Spanish rules, many of which were tax-based.

In another ongoing matter, we are advising on the recovery of aid declared unlawful by the European Commission in connection with the roll-out of digital terrestrial television, which had been granted through administrative contracts.

In a further case, we represented a company that reported covert aid granted to a competitor, materialized in the favorable acquisition of a public entity through a tender process that failed to ensure effective competition. The transaction created a selective advantage by allowing acquisition at a price below market value. We advised on preparing a review of the sale before the competent national authorities and the subsequent judicial review, as well as on the complaint and technical defense of the case before the European Commission.

Finally, we regularly advise the subsidiary of one of the country’s largest business groups in the electric mobility sector on handling issues arising in public aid award procedures in which it participates.

Private enforcement of competition law

Private enforcement of competition law is one of the pillars of rēgula. This practice encompasses the technical direction and procedural defense of actions arising from infringements of competition law before the civil courts. It has become an essential means of securing effective redress for injured economic operators and a complementary instrument to the public enforcement system.

We regularly act in complex litigation, representing both defendant companies and claimants. We have participated in many of the most significant proceedings before the Spanish courts, ranging from individual actions with a strong technical component to large-scale claims with a sector-wide dimension. Our experience includes litigation arising from collusive conduct sanctioned by the Spanish competition authority (CNMC) and the European Commission, vertical restraints, and abuse of dominance, as well as stand-alone actions and follow-on actions after administrative proceedings concluded without sanction or with contested decisions. We litigated the so-called envelope cartel case even before the entry into force of Directive 2014/104, and since then have been involved in several of the most prominent cases in Spain, including those concerning corrugated cardboard, parity clauses, fuel distribution, and the dairy industry.

We also advise class action promoters, litigation funders, and other actors specializing in private enforcement. We assist them in designing claim structures tailored to the Spanish legal framework, whether through assignment of claims, litigation representation, or conventional grouping. Our work includes the legal and economic analysis of the case, directing and coordinating expert evidence, and designing efficient management models for large-scale litigation. This experience extends to proceedings initiated by business associations and institutional entities, in both regulated and unregulated sectors.

We combine deep technical knowledge of the civil liability and damages regime with extensive experience before the civil courts, including appellate litigation and proceedings before the Supreme Court. This enables us to define effective strategies for each stage of the process: from obtaining evidence and allocating the burden of proof, to developing defenses on causation, quantifying damages, and refining claims. Our practice is grounded in continuous analysis of relevant national and European case law, which is decisive in this type of litigation.

This practice integrates naturally with the firm’s other areas. In particular, it complements administrative litigation in competition matters, regulatory compliance advice to prevent civil liability risks, and regulatory work in sectors such as energy, digital, and finance, where regulatory infringements can give rise to high-value claims.

rēgula’s track record in this field enables us to handle highly complex matters with confidence, from any procedural standpoint. Our contribution combines legal judgment, technical expertise, economic analysis, and a deep understanding of the procedural environment in which these disputes are resolved.

Damages claims

Damages claims arising from infringements of competition law and sectoral regulation are one of rēgula’s most established areas of practice. Unlike the traditional focus limited exclusively to antitrust, our firm has broadened this practice to include civil actions for damages resulting from regulatory breaches, particularly in sectors such as energy, healthcare, and the environment. This cross-disciplinary experience enables us to provide comprehensive legal advice in complex disputes that go beyond the boundaries of classical competition law.

We advise both claimants and defendants in civil liability litigation for regulatory infringements, with particular emphasis on cases stemming from decisions of administrative authorities (competition, sectoral regulators, or supervisory bodies), as well as in situations where the infringement must be proven from the ground up. Technically, this requires expertise not only in the economic assessment of harm and rules of attribution, but also in the interplay between the administrative infringement and the civil action. Procedurally, it demands solid litigation experience and familiarity with the types of evidence Spanish courts consider suitable and sufficient in these claims.

We have acted in some of the most significant damages litigation arising from anticompetitive practices, including cases involving the corrugated cardboard cartel, decennial insurance, radiopharmaceuticals, and paper envelopes. We represent both business groups harmed by unlawful conduct and companies defending complex claims before the civil courts. At the same time, we pursue civil actions for breaches of specific regulatory frameworks, such as electricity pricing systems, rules on healthcare waste management, conditions for access to public tenders, and quality standards in agri-food production. In all these contexts, we help clients identify the regulatory origin of the harm, quantify it, and structure a sound claim or defense, combining regulatory elements with the logic of civil litigation.

Our ability to integrate civil litigation and regulatory expertise is a hallmark of this practice. It allows us to act effectively both in large-scale actions brought by funds and associations and in technically complex individual disputes. We understand the functioning of sectoral authorities, sanctioning and supervisory procedures, and consultation and review mechanisms, and we know how to leverage this knowledge to build a coherent and effective litigation strategy. On the defense side, this approach enables us to dismantle many claims that rely uncritically on administrative decisions, exposing their legal flaws and evidentiary shortcomings. On the claimant side, it allows us to use final decisions or administrative findings to strengthen damages claims with solid legal reasoning and robust economic support.

We also work regularly with litigation funders, economic experts, and sector specialists, which enables us to offer clients structures that minimize litigation risk and maximize returns. We have advised on the preparation of collective actions, the aggregated assignment of claims, the economic valuation of large claim portfolios, and the strategic enforcement of judgments, both in Spain and in cross-border contexts.

This practice benefits from the firm’s other strengths: the technical and procedural expertise gained in sanctioning proceedings before the CNMC and other authorities; our experience in administrative appeals in competition and regulatory matters; the strategic approach we bring to complex collective litigation; and our deep knowledge of highly regulated economic sectors. Together, these elements provide our clients with a practical advantage: the ability to construct, defend, or challenge damages claims with legal rigor, economic insight from the outset, and procedural skill.

At rēgula, we are equipped to handle significant damages cases not only from antitrust infringements but also from breaches of other complex regulatory frameworks. On both sides of the dispute, we bring experience, technical precision, and procedural commitment -the tenacity that ensures no significant battle is conceded-that position us as a benchmark in this field.

Unfair competition

We advise on the full range of civil and commercial disputes that may arise between competing companies as a result of acts contrary to the requirements of good faith in the marketplace. Our unfair competition practice combines litigation experience and technical expertise to protect, or to challenge, commercial positions obtained through conduct that distorts competition. This area includes strategic actions against denigration campaigns, unfair diversion of customers, unlawful exploitation of another’s reputation, acts of unfair imitation, and misappropriation of trade secrets.

We act in the preparation and defense of unfair competition claims, including urgent interim measures, actions for injunctions or removal of effects, and damages claims. We also assist in the negotiation of out-of-court settlements when circumstances make this appropriate. We pay particular attention to the links this area has with trademark law, trade secret protection, commercial advertising, and contracting in regulated sectors, which allows us to provide an integrated legal approach.

Our experience includes representing companies in healthcare, energy, technology, insurance, and agri-food, both in disputes between competitors and in contexts where unfair competition overlaps with restrictive market practices or breaches of regulatory obligations. We have defended clients in complex proceedings involving alleged misuse of confidential information, systematic hiring of key personnel, establishment of parallel commercial structures after contractual breakdowns, and misleading use of distinctive signs and trade dress.

At rēgula, we provide a competitive edge in this field thanks to our precise and procedurally effective approach. We understand that these disputes demand speed, strong evidence, and a clear strategy from the outset. Our knowledge of market rules, combined with extensive litigation experience in this area, enables us to act with the agility such disputes require without compromising technical rigor. This makes us a reliable partner both for companies targeted by unfair practices and for those needing to defend against such claims.

Our unfair competition practice also benefits from synergies with other core areas of the firm, particularly private enforcement of competition law, civil litigation for regulatory breaches, and commercial and antitrust compliance. These intersections allow us to quickly identify overlaps between unfair competition law and related legal concepts (such as abuse of dominance, vertical restraints, or breaches of sector-specific regulation), enhancing the effectiveness of our legal response.

We competently provide legal advice and counsel in all types of unfair competition disputes, including highly complex litigation with a transnational component. Our goal is to protect our clients' legitimate market advantages and, where appropriate, restore competitive balance through the exercise of available legal remedies; as well as defend our clients against hostile actions in this area.