A recent European study on trade secrets and business information in the domestic market has confirmed the importance of trade secrets, not only for large corporations but also for SMEs and start-ups. And this is a trend that we have the opportunity to see with our clients.
In the law firm, we advise our clients in protecting their interests against practices that may be considered unfair, not only for violation of secrets, but also by deception, confusion, denigration, aggressive practices, exploitation of another's reputation or of a situation of economic dependency, inducing breach of contract or selling at a loss.
Sometimes our intervention is precisely to warn companies of the risks that a particular action on their part may entail in terms of unfair competition, thus recommending the optimal strategy to avoid incurring in such an unlawful matter.
The Public Administration itself, through the National Commission of Markets and Competition and the competent organs of the Autonomous Communities, are aware of the acts of unfair competition affecting the public interest, and their commitment to pursue and punish collusive behaviour and the abuses of dominant position is today what forces our clients to exercise extreme suitability analysis of their business decisions.
Our experience also includes reporting such practices by companies of our environment and claiming for damages that could have been produced, in previously monopolistic sectors or not.
In the area of Fair Trading, together with our colleagues in the area of Mergers and Acquisitions, we take part in processes of pre-notifications and notifications of economic concentrations, as well as in the analysis of the legality of the ancillary restrictions directly related to the implementation of these operations and that necessary for that purpose, working with first-rate consultants in the study of macro-economic factors in reference markets. In general contractual matters, we analyse the legality of the clauses that could be seen as restrictive of competition (exclusivity in distribution agreements, licensing and collaboration...; non-contractual and post-contractual competition pacts, etc.).
And with regard to state aid, our experience in the tax benefits of the Basque Country provides us with a deep and updated knowledge on the matter, which we share with our colleagues in the public sector, especially when it comes to assessing the feasibility of requiring the pecuniary responsibility of the State.