Competition Law
At Arthur & Marín, we are lawyers specialized in Competition Law, advising companies of all sizes (large corporations, SMEs, and multinational groups) in the prevention, defence, and resolution of conflicts related to business competition.
From restrictive practices and mergers to acquisitions, we help companies minimize risks, ensure regulatory compliance, and defend themselves before national, European, and international competition authorities.
What is Competition Law?
Competition Law encompasses the set of rules governing the behavior of companies in the market. Its main goal is to preserve effective competition for the benefit of consumers and innovation.
This legal framework protects both companies from sectoral abuses and large corporations that operate according to market rules. The core objectives of Competition Law include:
- Preventing unfair practices that distort free competition
- Protecting innovation and consumer choice
- Prohibiting collusive agreements and cartels between companies
- Preventing abuse of dominant position
- Controlling mergers that may restrict market competition
This body of law is enforced by authorities such as the CNMC in Spain, the Belgian Competition Authority, the Autorité de la concurrence in France, the Bundeskartellamt in Germany, and the European Commission at the supranational level.
What types of conduct are regulated by Competition Law and who does it protect?
Whether multinational corporations operating across several countries or national and medium-sized companies with strong local presence, the following are the most relevant prohibited practices:
- Cartels and collusive agreements: price fixing, customer allocation, or bid rigging.
- Abuse of dominant position: market foreclosure, predatory pricing, unfair trading conditions, or exclusionary conduct.
- Unjustified vertical restrictions: bans on resale, exclusive distribution, or geographic limitations without valid reason.
- Mergers without prior notification: concentrations exceeding certain thresholds that must be authorised by the competent authorities.
The Competition Law framework has a direct impact on the structure and functioning of markets, as it protects various economic actors:
- Consumers, by ensuring competitive prices, better quality, and broader choice.
- SMEs, which could be displaced by unfair practices from competitors.
- Competing companies, by safeguarding against abusive conduct by dominant players.
- Innovative companies and start-ups, by fostering an open environment for new business models and growth.
At Arthur & Marín, we provide legal advice both to companies that wish to proactively comply with competition regulations and to those that have been victims of anti-competitive practices and seek to defend their interests before the competent authorities and courts.
Legal services in Competition Law
Preventive advice and compliance
We assist companies in identifying risks, implementing internal compliance policies, and training their teams to avoid serious sanctions.
Contract review and drafting in line with Competition Law
We provide legal guidance on drafting commercial agreements (such as distribution, agency, exclusivity, joint ventures, etc.) to ensure they do not contain clauses that breach national or EU competition rules.
Defence in sanctioning procedures and investigations
We represent companies before the CNMC or the European Commission in investigations concerning cartels, restrictive practices, or abuse of dominant position.
Merger control
We assess mergers and acquisitions to determine whether they must be notified to competition authorities, and we manage the entire legal procedure from start to finish.
Damages claims for competition law infringements
If your company has suffered harm due to anti-competitive behavior, we help you claim financial compensation for the damages incurred.
Advice on state aid and subsidies
We analyse the legality of public aid, subsidies, or tax incentives under EU Competition Law. We support both companies and public authorities to avoid measures that may be considered illegal or distortive of the internal market.
Competition Due Diligence in M&A transactions
In the context of company acquisitions or share purchases, we conduct Competition Law-specific due diligence to detect hidden risks, prior fines, or restrictive clauses that could affect the viability of the transaction.
Litigation before national and European courts
We have experience representing clients before the Spanish National Court (Audiencia Nacional), the Supreme Court, and the Court of Justice of the European Union (CJEU).
arthur marin
Successful case studies in Competition Law
As a law firm specialized in Competition Law, we have successfully handled various cases that reflect the complexity and scope of this legal field. Below are real-life examples of our recent work:
A Spanish logistics company suffered financial losses due to inflated prices imposed by several truck manufacturers. After conducting a thorough economic damage assessment and relying on the decision issued by the European Commission, we filed a claim for damages before the competent court.
Result: We obtained a significant compensation amount, fully covering the harm suffered by the client.
We defended a pharmaceutical distribution company under investigation by the Spanish National Commission on Markets and Competition (CNMC) for alleged price-fixing with competitors.
Result: The investigation was closed without charges, avoiding a potential fine of up to 10% of the company’s annual turnover.
We advised an international agri-food group in acquiring a processing plant. We drafted and submitted the merger notification in compliance with the Spanish Competition Act and the applicable EU regulations.
Result: The transaction was approved quickly, with no conditions imposed, enabling the client to move forward with their expansion plans.
Frequently asked questions
A company holds a dominant position when it can operate in the market independently of its competitors, customers, or consumers due to its size, market share, or control of essential resources. Holding a dominant position is not illegal under Competition Law, but abusing it is.
A cartel is an agreement between competing companies to fix prices, limit production, divide up markets, or rig public bids.
These practices are strictly prohibited under Competition Law and usually lead to multimillion-euro fines and civil liability for the damages caused. They may also trigger dawn raids by competition authorities.
Violating Competition Law can result in:
- Very high financial penalties (up to 10% of the company’s global turnover),
- The nullity of illegal agreements, and
- Potential civil claims for damages.
Authorities tend to focus on sectors with:
- High market concentration,
- Intense technological innovation,
- Frequent public procurement,
- Direct impact on consumers.
Common examples include energy, transport, telecommunications, food, health, and digital services.
National competition rules apply to domestic cases. However, EU Competition Law (notably Articles 101 and 102 TFEU) applies when the conduct affects trade between two or more EU Member States (cross-border impact).
Absolutely. Small and medium-sized enterprises (SMEs) are often victims of unfair practices or abuse of dominance. In such cases, they can request the intervention of competition authorities or take legal action in court.
Not all. Only mergers and acquisitions that exceed certain economic thresholds must be notified under Competition Law. Our firm can assist you in determining whether your transaction requires prior notification.
Yes. Since the entry into force of Directive 2014/104/EU, companies can seek compensation for damages caused by cartels, abuses of dominant position, or other restrictive practices.
Why leading companies choose us for their Competition Law matters?
We merge experience, strategic vision, and deep market knowledge to deliver business-focused legal solutions — always with an international approach and rigorous command of European Competition Law.
Proven international expertise:
We advise business groups operating across multiple jurisdictions, delivering tailored legal solutions that fit diverse legal and market environments.
Sector-specific specialization:
Our team has deep experience in key sectors such as technology, manufacturing, distribution, pharmaceuticals, food, and digital services, ensuring sector-relevant Competition Law guidance.
Tailored and effective strategies:
From complex international mergers and acquisitions to local market dispute resolution, we design custom strategies that align with each client's business objectives.
Comprehensive command of EU, national, and regulatory Competition Law:
We combine in-depth knowledge of EU and national rules with continuous legal updates to offer reliable, high-quality advice. Our legal team understands the full regulatory landscape.
Do you need legal advice on competition law?
Contact us. We’re ready to offer you the best advice tailored to your specific situation.
Contact us
info@arthurmarin.com
Call Us
+32 465 34 53 45