Amendments to the Unfair Competiton Act in Spain and its influence on other legislation

Act No 29/09 integrates EU Directive 2005/29/EC on unfair commercial practices and Directive 2006/114/EC on deceptive and comparative advertising into Spanish law. This incorporation, effective since January 2010, brings substantial changes to the Unfair Competition Act, General Advertising Act, Consumer Protection Act, and other related legislation, including the Retail Trade Organization Act.

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Bankruptcy proceedings and their possible effect on prior leveraged buy-out operations in Spain

In recent years, Spain has witnessed a surge in leveraged buy-outs (LBOs), where a majority share of a target company is acquired using loans guaranteed by its assets or repaid through its cash flows. In some cases, the acquisition cost is deferred and paid by the target company itself, often through a merger with a special purpose vehicle created by the investor. This strategy shifts the burden of the acquisition cost to the target company.

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