Digital markets

The digital environment is no longer a distinct category but has become the ordinary framework within which companies, associations, and platforms operate. The legal framework applicable to digital operators is not a separate body of law; rather, it is a demanding and fragmented combination of competition rules, sector-specific regulation, data protection, advertising, intellectual property, and consumer protection. Our practice focuses on this regulatory intersection and the legal conflicts it generates.

We advise technology companies, platforms, media outlets, traditional operators undergoing digital transformation, industry associations, and consumer associations. In all cases, we approach the digital environment through the tools of public and competition law: monitoring conduct, structures, and market positions; conducting ex ante analysis of the framework applicable to new business models; and, where necessary, defending clients before authorities and courts. We have experience in proceedings before the Spanish competition and sectoral supervisor (CNMC), the European Commission, administrative courts, and commercial courts, including litigation concerning unfair competition, platform liability, and class actions.

Our recent work includes challenges to restrictive contractual clauses (such as parity clauses), litigation concerning the misuse of third-party trademarks in digital environments, investigations into abuses of dominance by platforms, advice on interoperability and access to digital infrastructure, and disputes involving transparency and segmentation in digital advertising. We have also acted in disputes concerning the private enforcement of competition rules and the adaptation of traditional contracts to complex digital ecosystems (data sharing, marketplaces, automated intermediation, and others).

Regulatory developments demand anticipation. We closely monitor the practical implementation of the Digital Markets Act (DMA) and the Digital Services Act (DSA), as well as other cross-cutting frameworks: artificial intelligence regulation, new rules on digital advertising, and the European data protection regime. We translate this knowledge into practical guidance for business decision-making, particularly in contexts involving significant regulatory risk and heightened public scrutiny.

rēgula’s digital practice builds on our capabilities in competition law, sanctioning law, sector-specific regulation, and complex litigation. We are particularly well-positioned to structure class actions, assess regulatory risks with accounting and contractual impact, and defend our clients’ positions before administrative and judicial authorities. We also advise consumer associations and traditional operators in responding to market strategies that disrupt competitive balance within their sectors.

We act with legal precision, avoiding unnecessary noise, and with a focus on securing the client’s position in an environment where “digital” is no longer a sector in itself, but the infrastructure upon which competition takes place.