In ESKARIAM we are specialists in claiming damages for those affected by anti-competitive agreements, abuses of dominant position and any other practice contrary to market regulations.
We act both in follow-on actions, in which the starting point is an administrative resolution (by the Spanish Markets and Competition Commission (CNMC) or the Directorate-General Competition (COMP)) or a judicial decision finding a collusive agreement before the claim for damages via civil proceedings and in stand-alone actions, initiating the claim without the prior declaration of unlawful conduct.
We always position ourselves on the side of those affected (consumers and companies) with the aim of claiming damages derived from the above-mentioned conduct infringing COMPETITION regulations.
ESKARIAM is defending the interests of the affected groups
Booking.com B.V. claim
Booking.com B.V. was sanctioned by the Spanish National Markets and Competition Commission (CNMC) (Disciplinary proceedings S/0005/2021), for a fine of 413,24 million euros for performing various restrictive practices of competition prohibited under Law 15/2007 dated 3 July, Defence of Competition and Article 102 of the Treaty on the Functioning of the European Union.
ESKARIAM, a leading legal services company in claims for damages arising from anti-competitive conduct, has created a team of specialists to defend the interests of hoteliers, composed of lawyers who are experts in competition law, top European economists, and professionals of the hotel sector.
+ informationMilk Cartel
Currently, our team of expert COMPETITION lawyers is leading the claim for damages of the dairy farming sector against the milk industry for what is known as the Milk Cartel,sanctioned by the CNMC in July 2019 (file S/0425/12: INDUSTRIAS LÁCTEAS 2).
In accordance with the resolution of the CNMC, two associations of dairy companies (Aelga and Gil) and the main dairy industries operating in Spain (Pascual, Capsa which acts under the brand Central Lechera Asturiana, Danone, Puleva, Lactalis, Celega, Schreiber and Nestlé), were sanctioned for anti-competitive conduct between 2000 and 2013.
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Nappy cartel
ESKARIAM defends the interests of public administrations against the so-called Nappy Cartel which, between 1996 and 2013, carried out restrictive practices on competition, violating Article 1 of the Competition Regulations and Article 101 of the EU Treaty.
The Nappy Cartel, confirmed by a CNMC resolution, was composed of the Spanish Federation of Health Technology Companies (FENIN) and the main companies in the sector.
+ informationCitalopram. Pay for delay
Our team of lawyers who are experts in Competition Law defends the interests of public administrations against Lundbeck, a Danish pharmaceutical company, which signed “pay for delay” agreements with competing pharmaceutical companies for 66.8 million euros. These agreements delayed the the generic version of citalopram from entering the market, resulting in a premium to public administrations that were forced to finance the original medicine for a longer period of time. This practice was sanctioned by the European Commission in its historic Decision dated 19 July 2013 (Case AT.39226 – Lundbeck).
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Canon ACB
ESKARIAM defends the interests of basketball clubs against the ACB for the imposition of a series of disproportionate, inequitable and discriminatory economic-administrative conditions on the basketball clubs between 1992 and 2017, that acquired the right to be promoted from the LEB ORO League to the ACB League for sporting merits, and who had not previously been members of the ACB. These abusive conditions mainly referred to the access fee, Promotion and Relegation Regulation Fund (FRAD) and bank guarantees.
+ informationDeposits
At ESKARIAM we have Spain's pioneering team of lawyers in recovering the money invested in the purchase of off-plan homes throughout the country. Due to the financial crisis, many under construction homebuyers who had handed over significant amounts of money in the hope of owning a home saw the developers or construction companies declare themselves insolvent, leaving the constructions unfinished. The affected buyers were left without a finished home and without savings due to the bankruptcy of promoters nationwide.
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