SPAIN Law and Practice Contributed by: Iñigo Igartua Arregui, Eduardo Gómez de la Cruz, Andrea Díez de Uré and Jesús Urriza Rodríguez, Gómez-Acebo & Pombo
Spanish procedural law does not provide for a general mechanism equivalent to the Anglo-Saxon “security for costs” order, whereby a claimant may be required to provide a financial guarantee to cover the defend - ant’s potential legal costs with the exception pointed out when explaining the security ( caución ) required when an injunction is requested (see 10.1 Injunctions ). The security is typically provided in the form of a cash deposit, bank guarantee, or other means acceptable to the court. The party required to provide security must do so within the time and in the manner specified by the court; failure to comply may result in the denial of the requested measure. Appeals are available in the context of litigation for damages arising from anti-competitive practices in Spain. The procedural framework is governed primar - ily by the LEC, and the structure of appeals is con - sistent with general civil litigation, albeit with certain nuances due to the complexity and public interest inherent in competition law cases. Initial claims for damages are typically brought before the Commercial Courts ( Juzgados de lo Mercantil ). Judgments rendered by these courts may be appealed to the relevant Provincial Court ( Audiencia Provincial ). Subsequently, further appeals may be lodged before the Supreme Court ( Tribunal Supremo ), subject to the admissibility criteria established by law. 12. Appeals 12.1 Basis of Appeal The first appeal ( recurso de apelación ) is generally available on both points of fact and law. The appel - lant may challenge the assessment of evidence, the application of substantive or procedural law, and the reasoning of the first instance judgment. The Provin - cial Court conducts a full review of the case, including factual findings and legal conclusions. After the Provincial Court’s decision, parties may seek recourse to the Supreme Court through a cassation appeal ( recurso de casación ). This is limited to points of law. The Supreme Court will only admit the appeal if it raises issues of legal significance, such as the interpretation of substantive or procedural law which
has not already been the subject of case law, or if the judgment contradicts established Supreme Court or European Court of Justice jurisprudence. The cassation appeal does not allow for a review of the facts as established by the lower courts, but rather focuses on the correct application and interpretation of the law.
13. Looking Forward 13.1 Legislative Trends and Other Developments
Future Legislative and Case Law Developments In the realm of civil antitrust litigation, Spain has seen significant legislative developments, particularly with the changes made in the LDC and LEC as a conse - quence of the transposition of the Damages Directive. A significant development in case law has also occurred since June 2023. However, further enhance - ments of the criteria used by judicial powers to esti - mate damages are still required. As mentioned in 1.2 Recent Developments , a draft law on collective actions on behalf of consumers was published in the Parliament’s Gazette in March 2025. The question of whether the law (if passed as it is) covers collective actions for damages arising from antitrust infringements has been a subject of debate. Focus on Specific Areas Civil antitrust litigation in Spain is likely to increas - ingly focus on specific sectors, particularly those with significant consumer impact and technological advancements. Digital markets and tech industries are expected to be at the forefront, given the rapid growth and the potential for anti-competitive practices in these areas. Consumer-facing businesses, includ - ing e-commerce and digital platforms, will likely see heightened scrutiny. Additionally, the life sciences and pharmaceutical sectors may experience increased liti - gation due to the critical nature of these industries and their impact on public health and welfare. The com - plexity and high stakes involved in these sectors make them prime candidates for antitrust enforcement.
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