Competition and EU Law
Baño León advices clients in their proceedings before the European Commission and the Spanish Markets Commission (CNMC) in relation to competition law (infringement proceedings against cartels, abuses of dominant position, merger control, State aids, etc.). We also counsel clients with regards to compliance programs to monitor the fulfilment of competition law, their distribution contracts or the cooperation with other competitors to develop new projects.
With regard to EU law, our clients normally seek advice as to issues relating with the freedoms of movement, services or establishment, customs rules and the trade policy of the EU (including defensive mechanisms such as antidumping or norms regarding international sanctions, embargos, etc.) and, generally, or any other questions arising out of the application of EU policies in Spain.
Some of the recent matters handled by the firm include the defense of several companies in cartel proceedings, counseling several monopolists, reviewing on-line distribution contracts, or filing a complaint before the CNMC against another Public Administration.
José Mª Baño León has written one of the most relevant books on the subject of fundamental rights and competition law (Potestades administrativas y garantías de las empresas en el derecho español de la Competencia, editorial McGraw Hill) and both Alvaro Pascual, and José Mª Baño Fos (Ph.D. in competition law) have practiced on top law firms in Madrid and Brussels before joining Baño León.