EU & Competition e-report 2017 EU Competition | Page 5

EU & Competition annual report
activities have been unprecedented.
“It [the PCA] has carried out nearly
40 dawn raids over the past year,
which is far in excess of what we’ve
seen during prior years,” he says.
“The sectors targeted include retail,
insurance, railway maintenance,
driving instruction and transport.”
Oliveira says such activity is
generating significant opportunities
for law firms.
Decisions in pending cases
related to dawn raids carried out
by the PCA are keeping law firms
busy, says Cuatrecasas partner
Ricardo Bordalo Junqueiro.
“On the other hand, some
landmark competition authority
investigations have moved forward
which is a positive development,
considering the PCA’s reputation
for taking a long period of time to
investigate cases.”
Competition in the market for
EU and competition-related legal
service has never been greater,
according to Oliveira. “There is an
increasing number of law firms
developing capabilities to pitch for
top-tier competition work,” he says.
“This trend has been reinforced by
the perception that the regulator’s
activism will open up significant
opportunities for hig h added-
value work.”
At the EU level, one of the
biggest recent developments has
been the leading truck producers’
cartel case that has led to “multiple
follow-on claims by countless
parties, in particular in German
courts, which is probably the first
real pan-European judicial claim
of its sort”, says Luís Romão,
senior associate at CMS Rui Pena
& Arnaut. He also highlights
the European Commission’s
e-commerce sector inquiry and
the subsequent cases it has
brought against some retailers
in relation to business practices
that restrict competition and limit
consumer choice.
EU and competition lawyers
in Portugal face a number of
challenges connected to global
trends, according to Margarida
Rosado da Fonseca, of counsel at
DLA Piper ABBC. She adds: “For
example, growing protectionism
and screening of foreign
investment, coupled with increased
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state aid in countries where it is
not scrutinised – unlike within
the European Union - meaning
therefore, there is not a level playing
field. These challenges require more
pragmatism on the part of lawyers
and awareness of clients’ businesses
to facilitate legal solutions which suit
them best and take into account the
overall perspective.”
What are the biggest challenges EU & Competition lawyers
currently face?
“Given the significant increase in the Portuguese Competition Authority’s activity,
one of the biggest challenges antitrust lawyers will face will be the approach taken
by the Portuguese appeal courts in important matters raised at appeal level, such
as access to evidence or rights of defence.” Joaquim Caimoto Duarte, counsel, Uría
Menéndez-Proença de Carvalho
“The interpretation of which activities could be considered collusion, oligopoly
and collective dominance and which are not, and clarification of the definition of
affected markets could be considered a big challenge for law firms.” Adolfo Soria,
partner, BDO Abogados
“The uncertainties around the outcome of Brexit. As negotiations unfold and
pressures develop, many issues will emerge for lawyers on every transaction or
investigation and we will have to evaluate and consider how to manage and allocate
new risks.” Ainhoa Veiga, partner, Araoz & Rueda
“Working together with litigators and economic experts in damages claims and
understanding and dealing with very complex technology and e-commerce in a
greater range of issues and contexts.” Iñigo Igartua Arregui, partner, Gómez-Acebo
& Pombo
“Creating a culture of competition in Spain. There is still a need to raise awareness
among stakeholders and society in general about the importance and relevance of
EU & Competition law.” Pedro Rubio, partner, Ontier
“Adapting their traditional public enforcement practice to a mixed practice where
private enforcement will take an increasingly important role. This certainly requires
acquiring a set of skills in private litigation that most specialist competition teams in
Spain lack.” Pedro Suárez, partner, Ramón y Cajal
“Raising awareness among natural and legal persons of the need to comply with
EU and competition law.” Francisco Espregueira Mendes, partner, Telles de Abreu
Advogados
“With the introduction of the GDPR and the PSD2 [the second payment services
directive], the EU regulator has continued to focus on the e-commerce sector and
competitiveness within that industry. Lawyers around Europe have struggled to
keep up with the legal blowback from the continuous stream of innovation applied
to e-commerce, banking and finance, among others – 2018 promises to be a year
full of new challenges for lawyers.” Ricardo Rodrigues Lopes, partner, Caiado
Guerreiro
“Understanding the new economy and also the upcoming separation of the CNMC
into two different bodies, as well as the modernisation of the law to correct the
errors of the past.” Diego Crespo, partner, Marimón Abogados
“Competition law enforcement is moving into new areas of law, such as civil
law (follow-on damages actions) and criminal law (the new CNMC policy to fine
executives, which requires a quasi-criminal defence), for which competition lawyers
must be prepared.” Helmut Brokelmann, managing partner, Martínez Lage,
Allendesalazar & Brokelmann
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