• Truck cartel: the Supreme Court assesses (and rejects) an expert report submitted in hundreds of legal proceedings that has led to contradictory rulings by different courts

    In a new batch of judgments, the High Court confirms its doctrine in relation to the judicial estimation of the damage in this type of claims, extending it now to a series of cases which were accompanied by a specific expert report which, although more sophisticated than those provided by the plaintiffs in the cases analyzed by the Supreme Court in its judgments relating to the so-called first wave, is still insufficient to accredit the amount of the damage.
  • Spanish Courts grant precautionary measures against FIFA and the Royal Spanish Football Federation regarding fee caps imposed on football agents

    In a judicial proceeding under the legal direction of Garrigues, the Commercial Court No. 3 of Madrid has issued an interim injunction ordering FIFA to refrain from applying the cap on football agents’ fees introduced by a recent FIFA Regulation and the Royal Spanish Football Federation (RFEF) to refrain from incorporating this cap into its internal regulations.
  • Peru: Indecopi approved 27 mergers in an average of 44 business days in the first two years of its merger control regime

    A study by Garrigues and the Spanish Chamber of Commerce in Peru reports an update of the merger control regime, looking at legal and economic approaches to the law
  • Antitrust damages actions in Latin America: on the path to the European model?

    We look at the progress made in relation to damages actions for infringements of competition law in Colombia, Peru, Mexico and Chile.
  • 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 control rules are. The timing for making a filing or a notification to obtain approval from the competition authority, and the timing for receiving a reply from that authority are, together with other regulatory clearance which may vary depending on the type of transaction or industry concerned, a crucial element for negotiating the conditions that will need to be fulfilled before closing a merger.
  • 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 Peruvian merger control law ("Law 31112"), which will become effective this June 14, and its Regulations. The Guidelines are available here.  
  • 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 certain figures of this regime (methodology for calculating thresholds, assumptions for ex officio investigations, registration of conditions, etc.), as well as the detailed administrative procedures to be followed (notification under regular procedure or by simplified procedure, commitment procedure, review of conditions, ex officio actions and voluntary notification, as well as administrative sanctioning procedure).
  • Perú: The new merger control law has been officially published

    The Peruvian Congress has published Law Nº 31112 in the official gazette, establishing merger control in Peru and substituting Urgent Decree Nº 013-2019, the previous bill which had been issued by Executive Power as the first merger control law in Peru that would apply across all economic sectors.
  • Garrigues launches the anti-trust, economic regulation and intellectual property practice in Lima with new hires

    Garrigues has launched the anti-trust, economic regulation and intellectual property practice in Lima, bringing on board lawyer Ivo Gagliuffi and economist Javier Coronado. With more than twenty years’ experience in the public and private sector, the pair will coordinate the practice and provide an integrated approach, from both a legal and economic standpoint, giving it a competitive advantage in the Peruvian market.
  • COVID-19: The European Commission expands the Temporary Framework to allow authorization of state aid in the form of recapitalization and subordinated debt measures

    On May 8, 2020 the European Commission announced a second amendment to the Temporary Framework adopted on March 19, 2020, amended for the first time on April 3, 2020, in which the framework is extended to allow aid to be authorized in the form of recapitalization or subordinated debt to any non-financial companies in need.