Anticompetitive practices (from abuses of dominant position to restrictive agreements or unfair conduct) can seriously distort a market. In an environment subject to increasing regulatory scrutiny, anticipating risks and structuring commercial relationships correctly is just as important as responding effectively to enforcement proceedings.
At Audens, we help companies and corporate groups design agreements that comply with competition law, assess transactions that may require merger control, and review commercial strategies before they are launched. We also establish internal policies and response protocols (including dawn raid procedures) to minimise exposure to risk. We combine legal analysis with business insight to provide effective prevention and a robust defence whenever needed.
Commercial agreements
We review and design distribution, supply and cooperation agreements to avoid undue restrictions and ensure that business relationships operate within competition law boundaries.
Dominant position
We advise companies with significant market power, assessing practices and strategic decisions to prevent risks of exploitative or exclusionary abuse.
Unfair competition
We act against practices that distort competition (such as dumping or situations of economic dependence) and design measures to prevent or neutralise them.
Defence in enforcement proceedings
We represent companies before the Spanish National Markets and Competition Commission and regional authorities, from the investigation phase through to judicial appeals.
Key experience
We supported several companies in the real estate sector in assessing the feasibility of a shared database to manage common risks. We analysed its compatibility with competition law and proposed criteria to prevent undue restrictions or exclusionary effects on the market.
We advised a technology manufacturer on defining its strategy to act against independent workshops that were misusing its brand. We established a proportionate, competition-compliant framework that protected its reputation without excluding legitimate repair services from the market.
We assisted an international manufacturer in preparing a strategy to address parallel imports carried out by one of its distributors. We analysed product traceability and designed an evidentiary plan that enabled the company to enforce its distribution agreements without undermining competition.
We represented several companies in an enforcement proceeding concerning price-fixing and market sharing, securing the application of multiple mitigating factors that significantly reduced the proposed penalties. Our strategy helped minimise the economic and reputational impact of the case.
