Litigación y Arbitraje
The Supreme Court states that the existence of lingering effect resulting from a cartel is possible, but the plaintiff must prove it
In a new judgment in the truck cartel litigation, the Spanish Supreme Court analyses for the first time the possible existence of a "lingering effect" arising from a collusive conduct, and declares that although it is theoretically possible, its existence cannot be presumed, but must be proven by the plaintiff.Landmark ruling on sovereign inmunity: the Central Santa Lucía vs. Meliá case
The Provincial Court of Palma de Mallorca has ruled out that Spanish courts can decide the proceedings between the US company Central Santa Lucía against Meliá Hotels International, the Republic of Cuba and the Cuban company Grupo de Turismo Gaviota. We review the lengthy legal proceedings that have ended in a favourable ruling for Meliá.Spain: The clauses of a tender which result in an abuse of dominant position by a sports federation are null and void
In a judgment in which Garrigues acted as legal director, the Provincial Appeal Court of Madrid confirms that the clauses in the bidding conditions for soccer audiovisual rights that constitute an infringement of Articles 102 of the Treaty on the Functioning of the European Union (TFEU) and 2 of the Antitrust Law (LDC) are null and void, although this is not the legal consequence provided for in those provisions.New economic sustainability measures for carriage by road and air
For carriage of goods by road a written waybill will be mandatory which will have to have the stipulated minimum contents, including the price and costs of carriage, whereas for the carriage of goods by air specific measures are introduced for situations involving a public health emergency of international concern, among other new legislation.Investment arbitration in Latin America: figures and trends in Chile, Colombia, Mexico and Perú
The growth of investment arbitration in the region is explained by the political and economic climate. In this article we look at the case statistics in each country, along with the outlook for the near future.COVID-19: Review of the year that changed everything and trends for 2021
2020 has been a year like no other. The world health emergency caused by the spread of COVID-19 and the resulting declaration of a state of emergency (lockdown) in Spain in March 2020 brought an unprecedented whirl of legislative activity. Companies have now been placed in an uncertain scenario where decision-making is the key to the future survival of their businesses. Over these months the Garrigues Special COVID-19 team have tried to provide answers to many of the questions that have arisen in the new context. Now that this traumatic 2020 is drawing to an end, we review and look back on the main legal matters of the year, from every angle of business law, while looking towards 2021 and picking out the most important trends to watch in the new year.