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
Shift from Cartel Damages to Dominance/ Monopolisation Cases While cartel damages have historically been a signifi - cant focus in antitrust litigation, there is an anticipated shift towards cases involving dominance and monop - olisation. This shift is driven by the evolving market dynamics and the increasing prevalence of dominant players in various industries, particularly in the tech sector. The enforcement against abuse of dominance and monopolistic practices will likely become more prominent as regulators and private claimants seek to address the competitive imbalances and ensure fair market conditions. Increase in Cross-Border Civil Antitrust Litigation There is a growing trend towards cross-border civil antitrust litigation, reflecting the global nature of many industries and the interconnectedness of markets. Claimants are increasingly adopting cross-border
strategies to address anti-competitive practices that have transnational effects. This trend is facilitated by the harmonisation of competition laws across the European Union and the provisions that allow for the recognition and enforcement of judgments across member states. The ability to pursue claims in multiple jurisdictions enhances the effectiveness of antitrust enforcement and provides a robust mechanism for addressing complex, multi-jurisdictional anti-compet - itive conduct. In summary, the landscape of civil antitrust litigation in Spain is evolving, with legislative developments aimed at strengthening private enforcement, a focus on high- impact sectors, a shift towards dominance cases, and an increase in cross-border litigation strategies. These trends reflect the dynamic nature of competition law and the ongoing efforts to ensure fair and competitive market conditions.
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