Publications List

International Purchases. The questions of which law applies?

In international transactions, a common concern is determining the applicable law for a sales contract involving parties from different countries. Unfortunately, many international agreements lack a crucial element known as a choice of law provision. The absence of this clause can lead to unforeseen complications, particularly in the realm of debt collection, causing challenges for both parties.

The regulation in defence of competition in Spain

Spain’s competition defense is governed by Law 15/2007, enacted on July 3, which revamped the system and created the National Commission of Competition. Effective from September 1, 2007, the law emphasizes procedural aspects, especially the Clemency Program, providing exemption and fine reduction for companies collaborating against cartels.

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.

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.

Seizure or attachment of assets in Spain

Asset seizure, or attachment, is a process that enables creditors to collect from delinquent debtors by looking to their assets, including property, goods, and/or earnings. There are two principal types …

Read more

Types of trade agreements in Spain

Trade Agreements in General In Spain, like in many other countries of the European Union, the party autonomy, which ensures the contractual freedom of the parties is one of the …

Read more