In this area of our practice, we represent clients both in litigation and out of court, with the goal of ensuring that their businesses comply with the regulations governing market competition. With a business-oriented focus, we aim to help our clients, especially their commercial areas, conduct their business competitively by identifying issues that may generate contingencies, and by protecting their interests before the National Economic Prosecutor’s Office (Fiscalía Nacional Económica, “FNE”) and the Competition Court (Tribunal de Defensa de la Libre Competencia, “TDLC”).
Our counselling focuses on the following matters:
Merger control, where we coordinate with the corporate team handling the transaction in order to analyze potential antitrust risks and help devise mitigations. We also represent clients in filing the relevant consultations/applications before the TDLC and/or the FNE (including the negotiation of out-of-court settlements); in contentious and non-contentious cases before the TDLC in connection with various aspects of business, such as collusion and concerted practices, exclusion, price-fixing and discrimination, resale price maintenance, vertical restrictions, unfair competition, and abuse of a dominant position; and in intellectual property matters. We counsel our clients on a regular, day-to-day basis to ensure their compliance with antitrust, unfair competition and consumer protection laws. We take a proactive and preventive role to avoid potential contingencies or conflicts that may result in litigation or government scrutiny, and we collaborate in the structuring of their business models and practices to ensure compliance with the relevant regulations.
Our firm is counsel to clients in a wide range of industries, such as pharmaceutical; aviation; ground and maritime transportation; infrastructure; oil and energy; media; medical and health services; retail; food; mass consumer products; technology and e-commerce.