Our expertise has been internationally recognised
The private enforcement of competition law has become a true legal speciality in Europe in recent decades. It is a sophisticated discipline in which Hitchings & González offers unique expertise in the Spanish market.
Our partners have acted as lead counsel before the Spanish courts in many landmark cases and, together with local co-counsel firms, have directed litigation before the courts of England, France and Italy.
“We have offered a decisive contribution to the construction and development of the private enforcement of competition law in Spain”.
Pay-for-Delay. Legal Direction of claims brought by the Navarre Regional Health Authority against Lundbeck for damages caused by agreements to exclude generic competition in anti-depressant citalopram (Spain 2024, ongoing)
Milk Cartel. Legal Direction of claims brought in the name of a group of dariy farmers against the dairy companies fined by the CNMC in 2019 (2022, ongoing).
Trucks cartel. Representation of a group of transport companies in claims for
damages suffered as a result of the so-called trucks cartel and representation in
appeal and cassation proceedings (2018-2025, ongoing against some addressees of the Decision).
Trucks cartel: Legal representation of claims filed throughout Spain on behalf of a company that acquired the rights to compensation for damages suffered as a result of the so-called truck cartel, and representation in appeals and cassation proceedings (2019-2025, ongoing against some of the addressees of the Decision).
Trucks Cartel. Paul Hitchings represented the German truck manufacturer Daimler as lead counsel, directing the defence of hundreds of claims for damages brought before the Commercial Courts around Spain, and in the related appeals (2018-2020).
Spanish Fruit Packaging Cartel. Advising a group of Spanish agricultural cooperatives, including second grade cooperative SUCA, on claims for damages before the Court of Bolonia, Italy (2013-2021).
Carbon Electrical Products Cartel (France). Representing the French railco SNCF in actions for damages before the Tribunal de Commerce and Tribunal Administratif de Paris, and in related appeals before the Cour d’Appel Administrative de Paris and Conseil d’Etat (2013-2021).
Multilateral Interchange Fee Litigation. Advising a group of European retailers and merchants on claims for damages against Mastercard and Visa before the High Court and Competition Appeal Tribunal, London (2013-2018).
Carbon Electrical Products Cartel (UK). Advising a group of European railcos, including Deutsche Bahn, Trenitalia and NS, on claims for damages before the Competition Appeal Tribunal, London (2010-2014). The case involved a preliminary issue which went on appeal to the Supreme Court and an amicus curiae intervention by the European Commission.
Marine Hose Cartel. Advising a dozen European and Latinamerican oil companies in claims for damages, including mediation and negotiations of settlement agreements (UK, 2008-2012).
Conduit vs. Telefónica. Lead counsel in pioneer case where, for the very first time, a Spanish Commercial Court awarded damages in a claim arising out of breach of Competition Law (Commercial Court nº5 of Madrid and Appeal Court of Madrid, 2005-2006).
The collective resolution of the consequences of illegal acts affecting entire markets poses a particular challenge for modern procedural systems. Hitchings & González has been a pioneer in designing and implementing appropriate legal strategies.
Our partners have led some of the first cases in Spain seeking compensation for damages caused by antitrust violations to large groups of affected parties, through the use of assignment mechanisms, or the entire class of affected parties employing the representative procedural mechanisms under Spanish procedural law.
“Ahead of the curve in finding creative, workable and just solutions to complex mass tort situations”
Car cartel. Legal representation in class actions brought by the Spanish Consumers and Users Organisation (OCU) for economic damages caused to consumers in Spain by the cartel between car manufacturers and importers sanctioned by the CNMC in 2015. These are the first collective (representative) actions in the private application of competition law in Spain to date (2022, ongoing).
Car cartel. Legal representation of a company that has acquired the compensation rights of thousands of company cars affected by overpricing in their purchase. Six lawsuits filed jointly against virtually all car manufacturers in Spain (ongoing).
Vertical infringements, fuel distribution. Legal representation in a series of actions on behalf of a company that acquired the rights and actions for damages on behalf of hundreds of transport companies affected by the supply of fuel by Repsol, Cepsa and BP, sanctioned for price fixing (ongoing).
Vertical infringements, fuel distribution. Legal representation in a series of actions on behalf of a company that acquired the rights and actions for damages from a large group of service stations, affecting hundreds of transporters affected by the supply of fuel by Repsol, Cepsa and BP, which were sanctioned for price-fixing; legal representation of the assignee company in defence against Repsol’s claims for contractual nullity (ongoing).
All our legal advice is founded on years of training and practice in EU Law.
We have over 30 years’ of particular experience providing advice on EU Competition Law and Telecommunications & Digital Markets Regulation.
“We provide advice with a European perspective and technical precision in regulated and competitive markets.”
Public service contracts. General competition advice to Eysa, provider of public parking services, in relation to contracts with local administrations (2021).
Milk Cartel. Defence of the CNMC decision fining dairy companies, before both the Audiencia Nacional and Supreme Court (Spain 2020, ongoing)
Mobile. Advising a European telco on regulatory, contractual and litigation matters related to the sale of its participation in Xfera to Más Móvil (2016-2018).
OTT. Advising Microsdot on electronic communications regulation in Spain (2010-2020).
Value-added services. Advising InfoNXX Group (owner of The Number) on regulatory issues related to the roll-out of its directory enquiry services in the EU (France, United Kingdom, Italy and Spain) (2004-2009).
Carbonless Paper Cartel. Preparation of an appeal before the CJEU relating to a fine imposed by the European Commission for participation in the Carbonless Paper Cartel (2004-2007).
Internet access. Representing T-Online in a claim before the Courts of First Instance of Madrid for breach of a contractual non-compete provision in a wholesale connectivity agreement with Jazz Telecom (2004-2007).
Broadband wireless access. Representing a group of 26 franchisees of Aló Communications in the termination of wireless broadband access franchise contracts and claims for damages before the Courts of First Instance of Madrid (2003-2006).
DSL. Advising Covad Inc. on the launch of its DSL broadband access products and services in Spain, negotiation of access and colocation agreements with Telefónica, and access conflicts before the then Telecommunications Market Commission (CMT) (2001-2003).
Vertical agreements. Advising a major Spanish logistics company in relation to distribution agreements in the automotive sector (2002-2010).
Carriers. Advising KPNQwest on regulatory and contractual issues relating to the roll-out of is fibre backbone network in Spain (2001-2003).
Essential facilities. Advising Esat Telecom on access to capacity on a submarine cable between Ireland and the UK pursuant to regulation and competition law (essential facilities doctrine) (1995-1996)
Exclusive rights. Assisting on the defence of Olympic Airways to a complaint before the European Commission in connection with exclusive and special rights in the provision of airport ground handling services (1996-1997).
Mergers. Participating in the notification to the European Commission of a bottling Joint Venture between Carlsberg and The Coca-Cola Company in the Nordic region (1996-1997).
Free movement. Assessing possible means of legal redress for the National Farmers Union to challenge the EU’s decision to prohibit exports of British beef to the common market as a result of so-called Mad Cows’ Disease (BSE) (1994).
