Herbert Smith Freehills (Madrid)

Henar González Durántez

Herbert Smith Freehills (Madrid)
Lawyer (Partner)

Henar González Durántez was a senior Abogado at Uría Menéndez in Madrid since 1998. Her practice area is European and Spanish Antitrust Law, covering, in particular, merger control issues, cartels and abuses of dominant position. Henar acts for clients in various sectors, including telecommunications, transport, cement, paper and paperboard, retail distribution and other industrial sectors, and regularly advices a leading multinational group in the beverage sector. She obtained her law degree at the University of Valladolid in 1996 and a special degree in European Law from the Université Catholique de Louvain (Belgium). She is now a Partner at Herbert Smith Freehills.

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Linked authors

Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Johannesburg)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

30348 Bulletin

Henar González Durántez, Pilar Carrasco The Spanish Government transposes into national law and increases the scope of the EU Directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain

263

The amendment of Law 12/2013, of 2 August, on measures to improve the functioning of the food chain (Law 12/2013) was approved by Spanish Congress on 2 December and entered into effect on 16 December 2021. The primary purpose of the amendment is to transpose into Spanish law Directive (EU) (...)

Henar González Durántez, Javier Guillén, Pilar Carrasco The Spanish Supreme Court upholds suspending the start of proceedings to determine the scope and duration of public procurement bans on grounds of competition offences (Transporte Escolar Murcia)

148

The Spanish Supreme Court (SC) has delivered a judgment in which it confirmed that courts are able to issue injunctive relief to temporarily prevent decisions on penalties rendered by the National Markets and Competition Commission (the Comisión Nacional de los Mercados y la Competencia, or (...)

Henar González Durántez, Pilar Carrasco, Gonzalo Sanz-Magallón The Spanish Supreme Court declares that the exchange of information on elements that have a significant impact on prices constitutes an infringement by object of competition rules and constitutes a cartel (Fabricantes de automóviles)

17

In its judgment dated 6 May 2021, the Spanish Supreme Court (the "SC") found that an exchange of information among competitors that does not directly relate to final prices but that affects certain elements linked to final prices such as commercial margins, may reduce competition in (...)

Henar González Durántez, Javier Guillén, Pilar Carrasco The Spanish Parliament publishes a decree which greatly amends national competition law as a result of the transposition of the ECN+ Directive

225

On 28 April 2021, Royal Decree-Law 7/2021, of 27 April, was published in Spain’s Official State Journal (RD 7/2021). RD 7/2021 has the aim of transposing into Spanish legislation a number of EU directives, including Directive (EU) 2019/1 of the European Parliament and of the Council of 11 (...)

Esther Lumbreras, Iria Calviño, Javier Guillén, Henar González Durántez The EU Commission publishes a notice to fight collusion in public procurement in which it includes a series of guidelines aimed at the contracting authorities on how to apply the grounds for the exclusion provided by the Directive 2014/24/EU of the Parliament

228

The European Commission (EC) recently published a Notice to fight collusion in public procurement (the Notice) in which it included a series of guidelines aimed at the contracting authorities on how to apply the grounds for exclusion provided for in article 57, paragraph 4, letter d) of (...)

Henar González Durántez, Pilar Carrasco, Daniel Vowden, Adrian Brown The Spanish National Court annuls the Competition Authority’s decision imposing fines on several companies for taking part in four cartels (Cementos)

42

The National Court has annulled the CNMC’s decision in case S/DC/0525/14 CEMENTOS. In this case, the CNMC fined a number of companies for taking part in four cartels, which constituted four separate single and continuous infringements. However, the National Court, found that the conditions for (...)

Pilar Carrasco, Manuel Contreras, Henar González Durántez The Spanish Competition Authority confirms the final version of the guide on competition compliance programs as a mitigating factor and means of avoiding public procurement bans

113

The Spanish National Markets and Competition Commission (“CNMC”) has confirmed in the final version of the Guide on compliance programmes in relation to competition rules (the “Guide”) that compliance programmes could potentially modulate the penalties imposed on companies investigated for (...)

Pilar Carrasco, Manuel Contreras, Henar González Durántez The Spanish Competition Authority launches an online hotline for reporting anti-competitive practices and making competition law inquiries related to practices adopted due to the COVID-19 outbreak

355

The CNMC bolsters its online whistleblowing hotline to pursue anticompetitive conduct in any sector, although with a special interest in the medical equipment, funeral and cremation services sectors. An enquiries platform is also launched so that operators can make competition law enquiries to (...)

Henar González Durántez, Pilar Carrasco, Gonzalo Sanz-Magallón The Spanish Provincial Court reduces the amount of damages received by an individual for the acquisition of a truck when the trucks cartel was in place (Man Truck & Bus Iberia / Trucks Cartel)

17

The Provincial Court of Pontevedra, Spain (Provincial Court) reduced the amount of damages received by an individual for the acquisition of a truck from one of the companies sanctioned by the European Commission’s decision in case AT.39824 -Trucks (EC Decision) when that cartel was in place (...)

Henar González Durántez, Pilar Carrasco, Gonzalo Sanz-Magallón The Spanish Supreme Court declares that members of governing bodies of companies may be penalised for competition law infringements and that their identity can be revealed (Infraestructuras Ferroviarias)

20

In its judgment dated 9 April 2019, the Spanish Supreme Court (the ’SC’) found that the members of the governing bodies of undertakings that infringe competition rules can be penalised for their participation in those infringements regardless of the individual or collegiate nature of the (...)

André Pretorius, Henar González Durántez, Kristien Geeurickx, Kyriakos Fountoukakos, Michael Dietrich, Sergio Sorinas The EU Court of Justice rules on issues concerning retroactive rebates and the procedures through which these rebates can be characterized as abusive (Post Danmark II)

308

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Introduction On 6 October 2015, the European Court of Justice (the Court) issued its preliminary ruling in Post Danmark A/S v Konkurrencerådet (Competition (...)

Henar González Durántez The Spanish Competition Authority expresses concerns about the merger between two German air transport companies and opened an in-depth investigation in Spain (Air Berlin / Condor)

2605

After three months of investigation, on 25 March 2008, the Spanish Competition Authorities decided to open a second phase investigation regarding the proposed takeover of Condor Fledgiest GmbH (“Condor”) by Air Berlin Plc (“Air Berlin”). Condor is a charter carrier based in Germany, which mainly (...)

Henar González Durántez The Spanish Competition Authorities clears a merger - referred back from the EC Commission - in the hard discount large retail distribution sector and adopts its first commitment decision under the new competition regime (DIA/Plus Supermercados)

3820

The Spanish Competition Authorities (Comisión Nacional de Competencia) clears on 3 September 2007 the acquisition of Plus Supermercados (a company previously belonging to the Tengelmann Group, which operates 251 hard -discount stores in Spain) by DIA. The acquirer is a wholly-owned subsidiary of (...)

Henar González Durántez The Spanish Court for the Defence of Competition proposes the clearance, with certain conditions, of a merger in the maritime transport sector (Balearia / Buquebus)

5126

The Court for the Defence of Competition has proposed the Government not to oppose a merger between two companies that provide fast-ferry services between the South of Spain and the North of Africa, including the Spanish city of Ceuta. This transaction consists in the acquisition of Buquebus, (...)

Henar González Durántez The Spanish Competition Authorities authorises an operation of concentration consisting of an exclusive license to distribute “Tampax” products in Spain and Portugal (Procter & Gamble/Arbora & Ausonia)

6493

The Spanish Competition Authorities have recently considered that the license granted by Procter & Gamble to Arbora & Ausonia to use the “Tampax” brands for the distribution of “Tampax” products in Spain and Portugal constitutes an operation of concentration within the meaning of article (...)

Henar González Durántez The Spanish Competition Authorities open an in-depth investigation into a merger for the exploitation of football broadcasting rights (Sogecable/AVS)

3037

Spanish Competition Authority (Servicio de Defensa de la Competencia), 28 December 2006, Sogecable/AVS, N-6094 (Decision to refer to the competition court (Tribunal de Defensa de la Competencia) for a second phase investigation“Resolución de remisión al Tribunal de Defensa de la Competencia”) The (...)

Henar González Durántez The Spanish Supreme Court annuls the Competition Authority’s decision because the investigated practices did not have an anticompetitive effect or purpose (Expertos Inmobiliarios)

2287

The judgment of the Spanish Supreme Court (Tribunal Supremo) dated 9 March 2005 reviewed the decision of the Court for the Defence of Competition (“CDC”) of 19 November 1998, which had been appealed by the Spanish Association of Real Estate Agents (Consejo General de los Colegios Oficiales de (...)

Henar González Durántez The Spanish Supreme Court annuls the Competition Authority’s decision on predatory pricing on substantive grounds (Tabacos Canarias)

2349

The Spanish Supreme Court (Tribunal Supremo) reviewed the judgment of the Audiencia Nacional endorsing the decision issued by the Court for the Defence of Competition (“CDC”) of 16 February 1999, in the “Tabaco Canarias” case. The CDC’s Decision considered Tabacalera, S.A. (“Tabacalera”) liable for (...)

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