Expert Lawyers in regulated sectors
We have a team of lawyers with broad experience in regulated sectors
Conflicts given within regulated sectors are complex not only because they require knowledge regarding the sectoral regulation, but also because they require technical knowledge of the sector itself and their
The principal regulated sectors on which we provide advice are the banking and insurance sectors and regulations of the energy, health, and food sectors.
In these sectors, contracts between companies and their clients are limited by the legal framework, which suffers many changes due to the political changes in the government. Moreover, in each regulated sector, we find a regulatory body with sanctioning power.
We provide guidance to companies that develop their activity in broadly regulated economic sectors, such as energy, food, catering and beverages, health and pharmaceutical sectors, among others.
LEGAL EXPERIENCE
More than 78 years of experience giving legal advice and defending companies, individuals, and groups certifies the legal path of Giménez-Salinas Law Firm. An invaluable experience that we apply to all our cases and clients.
MULTIDISCIPLINARY
Throughout our professional experience, we have handled hundreds of conflicts in many different sectors and areas of law. We have a highly qualified and multidisciplinary team of lawyers and attorneys.
PERSONALIZED
One of the characteristics that define us is offering our clients a personalized service, our clients are informed on every stage of their cases and have a direct relationship with the lawyers or attorneys who handle their affairs.
COMMON CONFLICTS IN REGULATED SECTORS
Down below we describe the most common conflicts given in regulated sectors.
CONFLICTS BETWEEN A COMPANY AND ITS CLIENTS
The client of a regulated sector company may be a consumer, in such cases not only is the sectoral regulation applicable, but also it will be applicable the current legal framework regarding the protection of consumers. The conflict can derive from defective products or services that cause damages. The damages can be given on a large-scale giving deriving to collective conflicts. It is as well possible to claim compensations, and the reputational damage will have to be taken into account.
CONFLICTS WITH COMPETITORS
In regulated sectors, the conflicts can arise from anti-competitive practices, unfair competition, concerted or restrictive practices of the competition. These conflicts have to be settled by applying Unfair Competition and Antitrust Law. Whenever we speak of damages caused to the market in general, the applicable regulation shall be the Anti-trust Law, and the authorities that will rule on the anti-competitive practices are the competition authorities, such as the CNMC through disciplinary proceedings. On the other hand, when the damages are caused directly to a particular company or specific consumers, the applicable law to these conflicts will be the Unfair Competition Law before the mercantile jurisdiction.
CONFLICTS WITH THE REGULATORY BODY
The companies operating in regulated sectors are subject to sectoral regulation. The default in complying with such regulation can derive in inspection and disciplinary proceedings before the regulatory body, such as the Bank of Spain, the Directorate-General for Insurance, the CNMV, CNMC, the competitive bodies of the Health Department or Consumers. In such cases, we advise companies with the aim of preventing such procedures, we counsel as well in any administrative proceeding or judicial proceeding.
CONFLICTS WITH SUPPLIERS
In regulated sectors, we can find different levels of activity, such as manufacturers, intermediaries, and trading companies. All of them have a specific legal framework. The conflicts between the companies that operate in the regulated sector are normally given due to the default in complying with the contracts. Damages derived from such defaults can be quite high because of the loss of profits.
LEGAL TOOLS TO MANAGE CONFLICTS IN REGULATED SECTORS
CONSUMERS’ COMPLAINTS BEFORE THE REGULATORY BODY
Consumers’ complaints are very common in regulated sectors because the relationship between a regulated sector company and its consumers is regulated in the administrative law. We can say that any breach of a contract is at the same time a breach of administrative law. This procedure is advantageous for the consumer as it is free and there is no risk of being required to pay the costs as it happens in the civil procedure.
COMPLAINTS OF COMPETITORS OR SUPPLIERS BEFORE THE REGULATORY BODY
In regulated sectors, competition within the sector, including vertical relationships, i.e. with suppliers and other parties involved in the supply chain, are also regulated by administrative law. Non-compliance of contracts between companies is also a regulatory infringement and can therefore have to be settled in an administrative procedure.
JUDICIAL PROCEDURES TO CLAIM DAMAGES
To claim compensation for damages arising from the breach of a contract or the breach of the sectoral regulations shall be settled in the civil or mercantile jurisdiction. There are several legal tools such as preliminary proceedings, precautionary measures, or measures to secure evidence, that can be the key to a successful lawsuit.
ADMINISTRATIVE PROCEDURES BEFORE THE REGULATORY BODY
The regulatory body may start ex officio, without the need for any complaint from a third party, an inspection, or disciplinary proceedings against companies in the sector. The reasons can be varied, from the non-compliance of the regulations governing the activity to competition issues such as the existence of restrictive or collusive agreements. In such cases, an administrative procedure will be initiated in which the company will have to appear and cooperate with the administrative bodies while preserving all the legal guarantees that it is entitled to.
