Singled out for its strong track record in merger control and behavioural matters, Bustamante Fabara‘s competition group is particularly noted for its expertise in anticompetitive conduct mandates, including abuse of dominance, unfair competition issues and antitrust investigations. Noted for its ‘high level of commitment and professionalism‘, the practice is active in the pharma, retail, logistics, insurance, and food and beverage sectors, among others. María Rosa Fabara Vera, whose significant experience in this space covers abuse of dominant position issues, anticompetitive agreements and merger control matters, heads the practice alongside José Rafael Bustamante C., a key figure for merger clearance processes in Ecuador. Other noteworthy practitioners include Daniel Castelo, who excels in appeals against the Antitrust Authority, and Kirina González, who shines in merger clearance. Francisco Ochoa joined from the State Attorney General Office in August 2023.
Competition and antitrust in Ecuador
Bustamante Fabara
Praxisleiter:
María Rosa Fabara Vera; José Rafael Bustamante Crespo
Referenzen
‘The Bustamante Fabara team has knowledge of the industry, which helps in the provision of the service.’
‘As always, it is essential for the lawyer to know their client, which means knowing the person and his business. Bustamante Fabara is close to the client.’
‘Both Rafael Bustamante Crespo and Kirina González take care of knowing the client’s business and the details of the matter.’
Kernmandanten
Chaide & Chaide
Heineken Ecuador
Directv Ecuador
Sanfer-Bussie Ecuador
Hapag Lloyd
Latam Airlines
Mitsui & Co.
ICESA
Abbott Laboratories/Abbvie
Koe Ecuador
Pfizer
Esab Corporation
Medicamenta Ecuatoriana
Tartan Oil
Sigmaec
Liberty Seguros Ecuador
Highlight-Mandate
- Advised Heineken Ecuador on an antitrust complaint before Cerveceria Nacional.
- Advised Hapag-Lloyd on the merger control notification in Ecuador regarding its acquisition of Chilean firm SM SAAM.
- Advised LATAM AIRLINES on the merger control consultation and notification in Ecuador of its joint venture agreement with DELTA AIRLINES.
CorralRosales
CorralRosales offers a comprehensive service in the competition and antitrust space, which covers antitrust investigations, merger control, restrictive practices, abuse of dominant position and cartel matters. Co-head Ana Samudio stands out for her notable expertise in telecoms-related competition matters, owing to her previous role with a regional mobile telecoms company. She oversees the group with Xavier Rosales, who advises on merger clearance processes and antitrust investigations. Also part of the core team, Christian Razza brings together expertise in competition law and technology.
Praxisleiter:
Xavier Rosales; Ana Samudio
Referenzen
‘Excellent, committed lawyers. The level of client service is very high.’
‘They have an established plan and they stick to it. The firm’s lawyers are responsive and creative when it comes to finding solutions to certain legal problems.’
Kernmandanten
Suez Group
Sony Music
Nestlé
The Walt Disney Company
Unilever
Grupo Familia
COPEC – Compañía de Petróleos de Chile
Clorox
United Airlines
Grünenthal
BMI
Immunotec
Claro (CONECEL/ América Móvil)
General Electric
SAP
AkzoNobel
JetBlue Airways
Essity
DK Management
Santillana
Highlight-Mandate
- Advised Grupo Familia on a competition investigation initiated by the Ecuadorian Competition Authority.
- Advised The Walt Disney Company before the Ecuadorian competition authority involving the acquisition of 21st Century Fox.
- Advised Unilever on the antitrust clearance proceeding by the Ecuadorian Competition Authority.
Pérez Bustamante & Ponce
Pérez Bustamante & Ponce fields a ‘team of true specialists‘ who ‘provides pragmatic, quick and clear advice‘ on the gamut of antitrust matters. The group is proficient in proceedings before the Ecuadorian Competition Authority and judicial courts, and often handles matters concerning abuse of dominance, cartels, state aid, merger control and unfair competition. Practice head Diego Pérez-Ordoñez possesses a wealth of experience in transactional and conduct mandates. These are also key areas of activity for Mario Navarrete-Serrano, who demonstrates further strength in competition litigation.
Praxisleiter:
Diego Pérez Ordóñez
Referenzen
‘The competition and antitrust law team of Pérez Bustamante and Ponce are true specialists.’
‘I think there are two characteristics that make them stand out from any other firms: speed of response and absolute availability. They understand the frenetic pace and sense of urgency of business and transform it into a value proposition.’
‘The PBP team is always at the forefront. Their analysis is not only legal, they also do economic analysis. They use technology to review documents which greatly speeds up the process.’
Kernmandanten
Telefónica and Telxius
Synlab
A.P. Møller – Mærsk A/S and Hamburg Süd
Clorox
Warner Bros.
Arca Continental
DP World
Spotify
Highlight-Mandate
- Advised Otecel on the local legal aspects of Saudi Telecom’s 9.9% acquisition of Telefónica in Spain.
Robalino
Led by Daniel Robalino, the competition practice at Robalino advises domestic and international companies, as well as non-profit organisations on a range of matters, including regulatory proceedings and litigation. On the contentious front, typical instructions for the team include abuse of dominance, unilateral conduct, and cartel cases. The group is also well versed in merger clearances, leniency agreements, antitrust due diligence processes and compliance programmes. Fausto Alvarado stands out for his expertise in competition policy matters, while Jorge Duque specialises in antitrust law and alternative dispute resolution.
Praxisleiter:
Daniel Robalino
Referenzen
‘I consider the firm to be at the forefront of the market. They deal with client requests promptly and, in our case as referrers, keep us informed about what they are doing with clients.’
Kernmandanten
Automovil Club del Ecuador ANETA
Corporación Grupo Fybeca
International Consolidated Airlines Group
Genommalab Ecuador
La Fabril
Energy Lider Energylider
Tecnoweb
Alicorp
Volkswagen Group
FEMSA de Comercio
Aquacargill del Ecuador Cía.
Kimberly Clark Corporation
Grupo Orbis
Highlight-Mandate
- Advised Volkswagen Group on the merger clearance procedure for the acquisition of the turbine division of MAN, a Volkswagen Group subsidiary.
- Acted for Kimberly Clark Corporation in the appeal before the General Secretariat of the Andean Community against the resolution that sanctioned Kimberly Clark for an alleged cartel.
- Advised Grupo Orbis on the merger clearance procedure for the acquisition of one of the biggest paint and coatings seller in Ecuador.
Sperber & Álvarez
Bringing together expertise in antitrust issues, M&A, compliance, and litigation, the team at Sperber & Álvarez excels in proceedings before the Ecuadorian Competition Authority, including Andean Community matters. Regularly instructed by domestic and international companies in pre-merger clearance issues and merger control matters, David Sperber demonstrates significant experience in abuse of dominance, gun-jumping and unfair competition cases. Pablo Lara advises on merger filings in relation to local and international transactions, while Cynthia Andino assists with mandates before the Court of Appeals.
Praxisleiter:
David Sperber; Cynthia Andino; Pablo Lara
Kernmandanten
Megadatos
SAYCE
Lupitos Distributor
Autosharecorp
Distrivehic Distribuidora de Vehículos
NIPRO
Delivery Hero DMART Ecuador
ABB Ecuador
RDCConstructores Cia.
Grupo Heller
Sodaleh & Helados
Smart Chemistry Smach
Andes Petroleum Ecuador
Dk Management Services
Gisis
Laboratorios Siegfried
Productos Perecibles y Mariscos Propemar
Rogronnbrid Parques y Diversiones
Rosas del Corazón Rosaslesandi Cía.
Resiflex Duraflex
RTC Coonecta
Accelero AG
Acería del Ecuador CA ADELCA
Air BnB (Ireland)
Mobile Health Ecuador MOBILEHEALTH
Automoteres y Anexos
Edificaciones Industrias y Comercio o Cía.
Zaimella del Ecuador
TELCONET
CINEXT
Telemática Business Company TEBUSCO
Highlight-Mandate
- Advised MEGADATOS on an unfair competition and illegal publicity case at the Ecuadorian Competition Authority.
- Advised Target Cinext on the filing of novel evidence to avoid the conditions solicited by the Indendentant of the Ecuadorian Competition Authority.
- Advised UNICON Peru and UNICON ECUADOR on an illegal fine for gun-jumping by the Ecuadorian Competition Authority, which was appealed.
Lexvalor Abogados
Clients from the food and beverage, retail, oil and gas, pharma and consumer goods sectors regularly turn to Lexvalor Abogados for assistance with a wide range of competition matters, including abuse of dominant position, cartels, merger control, state aid, unfair competition and Andean community processes. Competition law specialist Luis Marin Tobar oversees the practice with Ricardo Peñaherrera, who 'knows Ecuadorian competition law in depth'.
Praxisleiter:
Luis Marin Tobar; Ricardo Peñaherrera
Referenzen
‘Ricardo Peñaherrera knows Ecuadorian competition law in depth and thanks to his participation in competition law associations he has insights into comparative law which are extremely useful for any administrative or judicial competition law process. Their close work with the company’s teams also allows Lexvalor to provide us with efficient and effective advice.’
‘Lexvalor Abogados differs from other firms present in Ecuador, due to the comprehensive way of approaching problem solving. By having a multidisciplinary team, they can advise us with in-depth knowledge on all aspects that may affect our business. In addition, their team is proactive and agile in communicating progress in the competition processes they manage.’
‘They are always available. The willingness to find solutions and also do so ethically and humanely is what stands out the most.’
Kernmandanten
Quala Ecuador
Corporación Favorita
Industrias Ales
Yara International
Grupo Superior
Polynt
Softys Ecuador
Unilever Andina Ecuador
Highlight-Mandate
- Advised Bunge Limited on the mandatory merger control notification and clearance before the Superintendence of Economic Competition of Ecuador of the acquisition by Bunge of all the shares and the exclusive control of Viterra Limited.
- Advising Unilever on the evaluation of its competition toolkit and assessing the company’s participation in the ice cream segment in Ecuador.
- Advising Polynt on the potential acquisition of Akzo Nobel.
Pino Elizalde Abogados
Pino Elizalde Abogados has considerable experience in antitrust matters in the food and beverage and hydrocarbons industries, having recently advised on significant merger control, abuse of dominance matters and antitrust litigation in these spaces. The group is also adept at assisting companies with the implementation of compliance programmes to prevent competition infringements. Practice head Marco (Valentín) Elizalde is skilled in proceedings against the Ecuadorian competition authority, while Jaime Arosemena focuses on the implementation of compliance programmes. Jessica Medina is experienced in antitrust matters in the brewing, pharma and oil and gas segments.
Praxisleiter:
Marco (Valentín) Elizalde
Referenzen
‘It is a cohesive and powerful team.’
‘Involvement in the topics and the ability to analyse. Daniel, Jaime and Valentín are good communicators, they know how to understand needs and establish clear strategies and lines of action to address and resolve problems.’
Kernmandanten
Annheuser-Busch InBev
Cervecería Nacional CN
Dinadec
Duragas
Highlight-Mandate
- Advised Ab InBev on a lawsuit filed by Heineken against the Competition Authority.
- Represented Duragas in the implementation of a compliance programme.
- Advised Cervecería Nacional CN and Dinadec in filing a lawsuit against a resolution.
Almeida Guzmán & Asociados
Almeida Guzmán & Asociados handles a wide range of matters under Ecuadorian and Andean Community competition law, including abuse of dominance, restrictive practices and agreements, as well as merger control and unfair competition issues. The automotive, food and beverage, cosmetics, logistics, TMT and tourism sectors are key strengths for the group, which is under the joint leadership of Alberto Brown and José Urizar. Brown is experienced in merger control reviews, unfair competition claims, and alleged abuse of dominant position issues; and Urizar is a key contact for the automotive industry. José Vallejo is another name to note for unfair competition cases.
Praxisleiter:
Alberto Brown; José Urizar
Weitere Kernanwälte:
José Vallejo
Referenzen
‘Sound knowledge with the ability to convey to the control body in defence of an argument.’
‘Alberto Brown makes the difference for his technical level in sponsoring files before the control body.’
‘The addition of Alberto Brown and José Urizar to the team has favourably distanced the firm from its competitors. Alberto’s in-depth technical/legal knowledge is complemented by José’s economist background. Both professionals work closely with us on competition matters. They have a high level of client service.’
Kernmandanten
Ecuabet
Decameron
La Europea
Ferrero
Impoventura
Ecuawagen
German Motors
Ayasa
Enaerentacar
Finamerica
Highlight-Mandate
- Secured a dismissal of all charges and fines against Ecuabet, for alleged antitrust and unfair competition violations in the online sports betting industry.
- Represented Hoteles Decameron in an investigation by the Economic Competition Superintendence for competition and consumer law matters.
- Represented La Europea in a high-profile and contentious merger clearance investigation.
Dentons Paz Horowitz
Dentons Paz Horowitz offers representation to local and international clients in a range of competition matters, including antitrust compliance, anticompetitive investigations, merger filings and leniency applications. The firm is also noted for its expertise in trade agreements and antidumping measures. Eduardo Esparza, who has previously served at the General Secretariat of the Andean Community in Peru, is proficient in trade defence mechanisms. Esparza leads the group with managing partner Agustin Acosta.
Praxisleiter:
Eduardo Esparza; Agustín Acosta Cárdenas
Kernmandanten
Oriental Industria Alimenticia
Multicines
Rialt Holdings
Floral Software Holdings
Petrolia Ecuador
Türk Hava Yollari Anonim Ortakligi
KLM Cia Real Holandesa De Aviación
Lexmark Ecuador
Moderna Alimentos
Intrepid Ecuador
Highlight-Mandate
- Advised MULTICINES on the notification of the acquisition of its competitor.
- Advised RIALT HOLDINGS on the notification of the acquisition of CINEMARK ECUADOR.
- Advised PETROLIA on the notification to the Superintendence of Economic Competition of the acquisition of the assets of Overseas Petroleum and Investment Corporation.
ECIJA
ECIJA GPA offers expert guidance to companies on various competition-related issues, including sales strategies and pricing policies. The firm also assists with the development of contingency plans for potential competition authority investigations and represents clients in cases involving alleged unfair competition practices. Michael Veintimilla is a key contact for European clients, particularly from Germany, and advises on competition and corporate matters. Bernardo Maya has in-depth knowledge of merger control and abuse of dominant power position issues. Bayardo Poveda works closely with clients in the issuance of recommendations before the national competition authority.
Praxisleiter:
Michael Veintimilla; Bayardo Poveda
Weitere Kernanwälte:
Bernardo Maya
Referenzen
‘The team always adapted very quickly to new situations and reacted appropriately. This was often the case because new facts led to a new assessment.’
Highlight-Mandate
Flor Bustamante Pizarro Hurtado Abogados
The competition group at Flor Bustamante Pizarro Hurtado Abogados is led by Gilberto Gutiérrez, a former co-founder of Antitrust Consultores who arrived at the firm in May 2022. Gutíerrez has extensive comparative experience drawn from Chile, Venezuela and Argentina, as well as deep knowledge of key industries including telecoms, pharmaceutical, agribusiness and the automotive sectors. The May 2024 hire of Juan Andrés Gortaire (formerly a senior partner at Heka Law Firm) brings further depth in competition matters to the practice. Key support is provided by Lenis Orellana, a former official at the Superintendence of Market Power Control who focuses on antitrust matters and administrative procedures.
Praxisleiter:
Golberto Gutiérrez