Competition Law in the European Community
Reflecting the firm’s commitment to creating a seamlessly interwoven legal practice, N&C’s Brussels office is not departmentalized by specialty. Our proactive and innovative approach, combined with our in-depth local knowledge and international reach, means that we are able to guide our clients through the most challenging and complex business issues and transactions. We also have a longstanding and successful track record of working at the forefront of legal developments across each of our practice areas.
Our core capabilities in Brussels include antitrust, corporate, litigation and arbitration, and international trade and regulatory work:
The Brussels office has an strong antitrust law practice, treating issues such as pre-merger notification and substantive defence of transactions; government investigation; civil and criminal antitrust litigation; State aid awards; and general counselling, antitrust audits, and compliance programs. We regularly represent clients in proceedings before the European Commission and national antitrust authorities.
The corporate practice spans all areas of national and international corporate law, including mergers and acquisitions, capital markets, corporate finance and structured finance, and tax law. We regularly render general and specialty advice in corporate and commercial matters, covering areas such as general contractual law, corporate obligations and reporting, director duties, and other corporate governance issues. Our corporate lawyers serve a wide variety of domestic and foreign corporations and financial institutions.
LITIGATION AND ARBITRATION:
The office has a strong litigation and arbitration practice, with lawyers qualified to try cases before the European and national courts. Our lawyers regularly represent clients in litigation and arbitration proceedings in all aspects of the firm’s antitrust, corporate, commercial and regulatory practices.
Brussels lawyers have significant experience in providing regulatory advice to clients, under both EU and national law. The office’s regulatory practice spans a wide range of sectors, including financial services, international trade, telecommunications and media, information technology and e-commerce, energy, intellectual property, and labour law. We have represented clients before the European Commission and the European courts in regulatory matters, in addition to representation before the financial sector supervisory authorities.
Lawyers specialized in european competition law
Competition and antitrust laws are constantly evolving – increasing in complexity (both at national and supranational levels).
Enforcement authorities around the world are also increasingly coordinating their antitrust and competition activities, particularly in high-profile investigations. Civil antitrust suits and fines are likewise on the rise. Now more than ever, it is imperative that you work with counsel who can provide both global capabilities and local experience to coordinate and implement a consistent and, hence, powerful strategy.
Our team is at the forefront of these developments, and ideally placed to navigate the legal challenges that arise in this constantly evolving area.
Our in-depth knowledge of regulators, courts, policymakers and their workings from former secondees, officials and judges means we are well-equipped to deliver clear, pragmatic and bespoke advice to our clients, helping them to achieve their strategic objectives.
We advise many of the world’s blue-chip organisations in a wide range of industries across the full spectrum of competition and regulation issues.
Our antitrust and competition lawyers have that experience across a wide range of industries, such as energy, financial services, health care and life sciences, heavy manufacturing, engineering, food, fashion, technology, e-commerce, transport, tourism, and media.
As your business and strategy evolve, and as you expand into new markets and face new challenges, our robust antitrust and competition team can help you design innovative, forward-thinking solutions tailored to your business needs. You can ask our authorities for advice on the full spectrum of antitrust and competition law to protect your company’s interests, including:
Providing transaction support, even advising on obtaining merger clearance in all jurisdictions
Advising on the design and implementation of effective distribution strategies that are compliant with antitrust, competition, dealer protection laws and consumer law
Advising in the context of investigations or “dawn raids,” handling on-site inspections
Providing representation before national antitrust and competition authorities in the United States, and before the EU institutions, and local regulators in the UK, France, and Germany, among others
Advising on civil and criminal liability for breach of antitrust and competition law, in particular with regard to cartels and abuse of dominance
Advising on fines, leniency applications and other negotiated procedures
Filing complaints before antitrust and competition authorities, at national and EU levels, requesting interim measures
Merger control regimes have multiplied across the globe, with effective merger control strategy and its execution key to the timing and success of many deals.
We partner with clients to identify antitrust risks and formulate a filing strategy at the outset, advising on optimum transaction structure, competition due diligence and guiding a transaction through competition and regulatory review to completion.
Our global team regularly advises on all aspects of securing clearances from antitrust regulators worldwide, where necessary developing, negotiating and implementing complex remedy packages.
In cross-border transactions we coordinate multijurisdictional filings globally, ensuring a consistent and coherent approach.
The professionals working at Navas & Cusí have an finely-honed ability to distinguish the right action for each situation, whether to prevent unlawful behaviour or to defend clients in cases of unlawful practices.
Greements and restrictive practices
We provide information and advice on the correcting agreements, and also in respect to restrictive practices that companies and organisations might be involved in.
Providing obligatory notification about agreements
Information and advice on which arrangements must be duly communicated to the competent department of the European Commission. Formalities necessary for any such notification within the legally defined period.
Distribution and franchising
Advice on distribution and franchise agreements, in particular those related to exclusivity in terms of supplies and/or intellectual property.
Abuse of dominance
Information about business practices which may or many not constitute abuse of dominance.
Information about which state aid is considered to be incompatible, and advice on choosing the most appropriate options available. Information about which aid might be perceived as illegal in terms of competition.
Defence against third party infringements
Advice and management for defence against third party infringements in terms of competition law, both in Spain and throughout the EU.