Garrigues

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Publications - EU and Antitrust Law

  • Spain: The Supreme Court rules on the first appeals on the follow-on actions arising from the truck cartel

    In the fifteen rulings, the High Court clarifies some questions about the case, although we will have to be attentive to its position in relation to the following pending appeals.

  • Commission's decision on tax lease partially annulled

    On February 2, 2023 the Court of Justice of the European Union (CJEU) partially annulled Commission Decision of 17 July 2013 which declared that the Spanish tax lease system was a state aid scheme and ordered it to be recovered from the investors…

  • 2023: The most significant legal developments that companies in Spain should keep on their radar

    Garrigues analyzes from every business law angle the most significant legislative changes that are due to arrive next year.

  • The merger control regime in Peru: State of play coming up to eighteen months in force

    Roughly eighteen months ago, on June 14, 2021, Law 31112 came into force, which introduced merger control definitively in Peru, applicable across all the country's sectors of economic activity and markets; because until then it only existed for…

  • Peru: The Complaints Book Regulation is changed so that suppliers respond to claims and complaints within 15 business days

    The goods or services supplier (proveedor) will have to respond to the claims and complaints registered in their Complaints Book (Libro de Reclamaciones) within a maximum period of 15 business days. Also, if requested by the consumer, the response…

  • Sanctions for anti-competitive practices in comparative law: the experience of Latin America, the European Union, the United States and Australia

    The entry into force in Colombia of Act 2195 of 2022 has given rise to the need to analyze how the changes made to the sanctions for violations of the antitrust rules compare to those that exist in other jurisdictions. This article will examine the…

  • Scania & Others/European Comission: the ‘Hybrid procedure and the rights of defense guarantee

    What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of…

  • 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…

  • 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…

  • 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…

  • Peru: Indecopi publishes the draft Guidelines to calculate the notification thresholds for concentration operations

    The Technical Secretariat of the Indecopi Antitrust Commission will receive comments on the project until next Monday, March 22.

  • Peru: The Regulation of the new Merger Control Law has been officially published

    On march 4th 2021, Supreme Decree 039-2021-PCM which approves the Regulation of Law Nº 31112 – the Merger Control Law, was published on the Peruvian Official Gazette. Through the Regulation, important clarifications are made on…