Patricia Linan Hernandez

Bird & Bird (Madrid)
Lawyer (Partner)

Patricia is very privileged to be leading the new EU & Competition team in Madrid. The team is fantastic and they are already doing very interesting things for top clients. She has been advising companies on a wide range of competition law related matters for almost twenty years. Her professional expertise includes assisting companies in antitrust (agreements, abuses) and merger control proceedings before both the Spanish Competition Authorities and the European Commission. She has also had the chance to advise in high profile state aid cases. In particular, her experience in cartel cases before the Spanish Competition Authorities is significant and includes participating in prominent cartel cases. For instance, she had the chance to represent one of the first leniency applicants in Spain. She is also fortunate to act as defendant in some of the most on-going relevant antitrust damages claims cases in Spain. She also has strong expertise in merger control. During her professional career, she has come across a significant number of merger control cases in a wide range of sectors (infrastructure, energy, pharmaceutical) both at the Spanish and at the EU level. She honestly believes that such wide experience allows her to provide clients with practical assessments in an efficient manner. She is also experienced in corporate compliance and she can certainly help companies to implement antitrust compliance programmes. The aim is to implement programs that are effective and at the same time non-disruptive. In addition, she advises on wider issues around distribution. She is particularly interested in distribution in the retail and automotive sectors. She is closely following the impact that the digitalisation is having on the traditional distribution models in these and other sectors. Additionally, one of the things she enjoys most is helping clients in those areas where competition law and regulation interact. This traditionally includes energy or communications, but it is expanding into other areas such as automotive and fintech. She regularly lecture for professional and academic audiences and write on competition law and compliance related matters. Finally, she is fortunate to lead a team that despite being relatively new has all the capabilities to provide a good assessment in all these areas. The aim is to be known for the honesty, technical knowledge and practical approach.

Linked author

Bird & Bird (Madrid)

Articles

286 Bulletin

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority identifies competition problems in the fifth stowage market’s framework agreement in the port state sector

6

Since the European Court of Justice ("ECJ") judgment in 2014 in case Commission v. Spain (C-576/13), which declared the Spanish regime for stevedores incompatible with the freedom of establishment, there has been a progressive modification of the national regulation in order to liberalise the (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority makes available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19

27

The Spanish Competition authority (the "CNMC") has made available a special mailbox for complaints and queries related to the application of competition rules in the context of the health crisis created by COVID-19. During these exceptional circumstances, this mailbox is intended to resolve (...)

Patricia Linan Hernandez, Candela Sotés Macaya The Spanish Competition Authority opens a phase II investigation into a proposed merger in the funeral services market as the transaction would create the largest company in the Spanish market for this sector (Sana Lucia)

31

At the end of last year, a major Spanish insurance group -Santa Lucía- notified to the Spanish Competition authority (the "CNMC") a proposed merger whereby it would acquire the funeral businesses of Funespaña (a subsidiary of Mapfre, a direct competitor of Santa Lucía). This acquisition will be (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Provincial Court of Valencia annuls a lower court’s judgment and argues in favour of the principal of personal liability in a claim for damages in a truck cartel case (Man Truck / Bus Iberia)

43

On 5 December 2019, the Provincial Court of Valencia upheld the appeal lodged by MAN Truck & Bus Iberia S.A. (a Spanish subsidiary of the worldwide truck producer MAN) against the Judgment of a lower court admitting the possibility to claim for damages from the Spanish subsidiary where the (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority fines €77,2 million the largest media companies for including clauses in their contracts that foreclosed the access of competitors to the television advertising market (Mediaset / Atresmedia)

32

On 12 November 2019, the Spanish Competition Authority ("CNMC") imposed a total fine of EUR 77.2 million on Mediaset and Atresmedia, the largest media companies in Spain, for including clauses in their contracts with advertisers and media agencies that foreclosed the access of competitors to (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority publishes two different investigations in the chemical products and network of automatic cashiers sectors

15

In September, the Spanish Competition Authority (CNMC) has launched two different antitrust investigations, one concerning chemical products and the other concerning the network of automatic cashiers (ATMs). From 17 to 19 September 2019, the CNMC carried out dawn raids at the premises of (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority carries out dawn raids and decides to extend the proceedings against 11 other companies and two individuals in the consulting services market (KPMG / Everis / inter alia / Deloitte / PwC...)

19

On 6 February 2019, the Spanish Competition Authority ("CNMC") opened formal proceedings against 25 consultancy companies — including, inter alia, Deloitte, PwC, and Indra — and eight individuals. This investigation was initiated in January 2017 by the Regional Competition Authority in the Basque (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority fines eight milk dairy companies and two industry associations for exchanging sensitive commercial information (Industrias Lacteas 2)

17

On 11 July 2019, the Spanish Competition Authority ("CNMC") fined eight dairy companies and two industry associations with a total of €80,657,617 for infringing Article 1 of the Spanish Competition Act ("LDC") and Article 101 of the TFEU. The alleged anticompetitive practices took place in the (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority seeks a preliminary ruling from the EUCJ on the compatibility of the stowage sector’s collective agreement (SAGEPs)

15

Historically, stowage activities in Spain had been reserved for dockers affiliated to public companies known as "SAGEPs" so that stowage companies had to be part the of the SAGEPs’ shareholding structure. However, on 11 December 2014, the European Court of Justice ("ECJ") declared this regime (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority fines €33.88 million publishing houses and an association for the application of a mechanism to restrict trade policies and commercial conditions (ANELE)

10

On 30 May 2019, the Spanish Competition Authority ("CNMC") imposed a total fine of 33.88 million EUR on the National Association of Text Books and Teaching Materials Publishers ("ANELE") and 34 publishing houses for the application of a mechanism to restrict trade policies and commercial (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority fines €57.71 million three tobacco companies and their distributor for participating in an exchange of commercially sensitive information (Philip Morris / Altadis / JT international)

9

On 10 April 2019, the Spanish Competition Authority ("CNMC") fined three of the world’s largest tobacco companies - Philip Morris, Altadis and JT International – and their common distributor, Logista – with 57.71 million EUR for participating in an exchange of commercially sensitive information in (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority fines €188 million 15 companies for colluding in public tenders in the railway market (Siemens / Alstom / Elecnor...)

19

On 14 March 2019, the Spanish Competition Authority ("CNMC") fined Siemens, Alstom and 13 other companies with a total of 118 million euros for colluding in public tenders convened by the Spanish Administrator of Railways of Infrastructures (“ADIF”). The CNMC has identified three separate (...)

Candela Sotés Macaya, Patricia Linan Hernandez The Spanish Competition Authority publishes its report on regional and local regulations imposed on private-hire driver licences that ride hailing apps

17

Under its advocacy role, the Spanish Competition Authority (the "CNMC") published on 17 January 2019 a report on recent regional and local regulations imposed on private-hire driver licences (known as "VTCs") that ride hailing apps - such as Uber - for operating in Spain. As in other (...)

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