Hall Of Fame

Competition and antitrust in Ecuador

Bustamante Fabara

Bustamante Fabara brings the combined capabilities of its two merged firms – Bustamante & Bustamante and Fabara & Compañía – to assist an impressive roster of retail, pharmaceutical, food and beverage, aviation, insurance and entertainment clients, with the eight-strong team boasting considerable experience in anti-competitive agreements, pre-merger fillings, abuse of dominance cases, unfair competition matters and judicial proceedings before the National Court. Managing partner Maria Rosa Fabara Vera, a name to note for a wide array of competition law issues, leads the practice alongside M&A and merger clearance specialist José Rafael Bustamante Crespo. Between the two, they advise the likes of Tiendas Industriales Asociadas (TIA), DirecTV Ecuador, Heineken and LATAM Airlines, having successfully acted on behalf of TIA in a merger control notification for the acquisition of 60% of Delivereo. Other highlights include their representation of Chaide & Chaide in an investigation proceeding before the antitrust authority. The team also features directors Daniel Castelo and Kirina González, active in investigation proceedings and merger clearance matters, respectively.

Practice head(s):

María Rosa Fabara; José Rafael Bustamante Crespo


Testimonials

‘They are an excellent team. Always very willing to help us and ease our doubts.’

‘They give excellent legal advice tailored to our needs.’

‘The management of the key relationships means that it manages the processes of which it is in charge well.’

‘Detailed knowledge of mechanics and legislation.’

‘In general, we feel confident about the handling of our legal processes by Bustamante & Fabara. The team’s knowledge and experience in matters related to competition and anti-monopoly law has helped us to overcome several concerns.’

‘The advantage of having different professionals specialised in the different branches of jurisprudence makes them stand out. We find a solution for any legal case that comes our way.’

‘The team shows high-level technical knowledge regarding local regulations. It is necessary to understand the need and the main objective of the client well to ensure that the strategy is focused. The billing process is very agile and efficient.’

‘Maria Rosa Fabara, Daniel Castelo and Esteban Dávila have a very good knowledge of the sectors. Maria Rosa Fabara excels at understanding the clients’ core business and proposing a comprehensive strategy, not just from a legal perspective. The analytical capacity of Daniel Castelo and Esteban Dávila is outstanding.’

Key clients

Tiendas Industriales Asociadas


Chaide & Chaide


AT&T Services


Pfizer


Abbott Laboratories


Abbvie


DirecTV Ecuador


F&E Ecuatoriana


Sanfer-Bussie Ecuador


Laboratorios Bussie


Fresenius Kabi


Hapag Lloyd


Macquarie Asset Management


Heineken Ecuador


Holcim Ecuador


Latam Airlines Ecuador


Work highlights


  • Advised Tiendas Industriales Asociadas on the merger control notification to the Competition Authority relating to the acquisition of 60% of the whole of the issued shares of Delivereo.
  • Advised AT&T Services on the pre-merger filing concerning the sale of DTH in Latin America under the brands Sky and DirecTV.
  • Advised Chaide & Chaide on investigation proceedings before the Competition Authority concerning a complaint from Laminados y Textiles Lamitex alleging market power abuse.

CorralRosales

CorralRosales fields a team of ‘highly trained, efficient lawyers’. The department’s expertise can be divided into unfair competition work, antitrust investigations and merger-control cases, including matters such as restrictive practices, abuse-of-dominant-position issues, unfair practices and the formation of economic cartels. With Xavier Rosales accompanied at the helm by senior associate Ana Samudio, the firm also has strong capabilities in administrative and judicial proceedings, drawing on the combined 40 years' relevant experience of the practice co-heads. Founding partner Francisco Rosales bolsters this offering through strong ties with multinational companies operating in the region.

Practice head(s):

Xavier Rosales; Ana Samudio


Testimonials

It is a team of highly trained, efficient lawyers who are always attentive to the needs of clients. They quickly identify risks and draw up action plans to ensure business continuity. They are supremely efficient at transmitting information, accommodating company billing systems, and having access to the latest data.’

‘They identify risks quickly and find answers that fit the needs of the business. They are a very good business partner. The unfair competition partner is Ana Samudio. She is always available to answer questions and works in an interdisciplinary way with the other members of the firm to provide comprehensive advice. Ana is brilliant at finding risks and mitigating them on time.’

‘CorralRosales has been of great support on important issues for our company in the territory of Ecuador. They are very clear in their concepts, methodical, and attend to our requests as a priority.’

‘Ana Samudio is our point of contact. She is always responsive, confirms receipt of emails, is available for urgent last-minute calls, and is clear and specific in her recommendations and arguments. She is very good at identifying risks and managing them. She also knows the local regulations very well.’

Key clients

Nestlé


The Walt Disney Company


Unilever


Grupo Familia


COPEC


Clorox


United Airlines


Grünenthal


BMI


Immunotec


Claro


General Electric


Mondelez


SAP


AkzoNobel


JetBlue Airways


Essity


DK Management


Santillana


Work highlights


  • Advised Grupo Familia on a competition investigation by the Ecuadorian Competition Authority.
  • Advised The Walt Disney Company before the Ecuadorian Competition Authority as to the authorisation of the Ecuadorian leg of its operations.
  • Advised Unilever on the Ecuador components of the relevant antitrust clearance proceeding by the Ecuadorian Competition Authority.

Pérez Bustamante & Ponce

Pérez Bustamante & Ponce continues to demonstrate its wide-ranging capabilities in competition and antitrust matters, assisting regional and global clients in their navigation of cases before the Competition Authority regarding merger control, cartels, abuse of dominance, unfair competition, state aid and litigation proceedings. The highly specialised team, which is led by cross-border specialist Diego Pérez Ordoñez, recently acted on behalf of Telxius and Telefónica, notifying the authority of the sale of approximately 10% of its submarine cable business to Pontegadea. Supporting Pérez Ordoñez in this matter and active on the full spectrum of antitrust issues is director Mario Navarrete Serrano – promoted in October 2022 – with the duo also advising Gol Linhas Aereas Inteligentes and Avianca on their combining into Abra Group, now one of the largest airlines in Latin America. Senior associate Andrés Rubio Puente is another standout for merger filings and investigations. Karla Barona joined in December 2022 from AB Inbev to strengthen the practice.

Practice head(s):

Diego Pérez Ordóñez


Testimonials

‘The PBP team works in a coordinated and orderly manner. Its strengths are excellent response times and client service. We have not found anyone in the region who is capable of providing such high-quality services.’

‘Both Diego Pérez and Mario Navarrete are extremely capable, efficient and talented lawyers who managed to exceed our expectations in the work we have entrusted to them.’

‘Mario Navarrete is an excellent professional and a leading competition lawyer in Latin America.’

Key clients

Avianca


GOL Linhas Aéreas


Telefónica and Telxius


Synlab


A.P. Møller


Mærsk


Hamburg Süd


Work highlights


  • Advised Telxius and Telefónica on the sale of approximately 10% of its submarine cable business to Pontegadea.
  • Represented Mærsk and Hamburg Süd in a case relating to the Ecuadorian Competition Authority, which alleged that their vertical integration allows them to leverage their market power in maritime transport to land transport.
  • Advised Gol Linhas Aereas Inteligentes and Avianca on their combining into a common holding company, Abra Group, and on the notification of economic concentration in Ecuador, obtaining an unconditional clearance for the transaction.

Robalino

Robalino often acts for domestic and international clients in antitrust litigation, pre-merger control clearances, unfair competition matters and cessation agreements with the regulator, a broad offering complemented by the firm’s consultancy division CPA Robalino. Daniel Robalino serves as a main point of contact, steering the team’s efforts in relation to litigation as well as unfair competition and merger control matters, having recently supported the Superintendency of Market Power Control in the development of antitrust compliance guidelines. Javier Robalino is another key figure at the practice, as is special counsel Fausto Alvarado, who is recognised for being the first Competition Undersecretary of the Ministry of Industry and Commerce and playing an active role in policy issues in Latin America.

Practice head(s):

Daniel Robalino


Testimonials

‘Robalino’s team has extensive knowledge and command of the legislation, as well as experience based on several precedent cases, which contributes a lot in environments like the one Ecuador faces.’

‘We would say that it is the specific experience in handling competition procedures before the respective control entity that makes Robalino different.’

Key clients

Iberia


Femsa Comercio


Cargill


3M Corporation


Eni


Carlson Wagonlit Travel


La Fabril


Delivery Hero


Alicorp Perú


Egeda


Work highlights


  • Represented EGEDA Ecuador against an abuse of dominance claim filed by ASETEL
  • Successfully represented Cargill in the antitrust analysis, structuring and filing of a merger control process related to the acquisition of the aquaculture business unit of Empagran

Sperber & Álvarez

Sperber & Álvarez was co-founded by David Sperber and José Álvarez following the dissolution of Antitrust Consultores in the first quarter of 2022, with the new firm exhibiting an expanded offering. Sperber, the first Chairman of the Competition Committee of the International Chamber of Commerce Ecuador, is a prominent figure in the market, with deep expertise in antitrust, M&A, compliance and litigation. The team, which also features Pablo Lara, an expert in pre-merger and merger filings is capable in matters surrounding unfair competition, merger control and state aid, while Cynthia Andino plays a key role in M&A-related filings and international commerce issues, having previously participated in various competition commissions, including the Trade Defence and Competition Commission of Mercosur. In the past year, joint efforts culminated in the team’s representation of Uribe & Schwarzkopf and Megadatos in unfair competition claims.

Practice head(s):

David Sperber; Cynthia Andino; Pablo Lara


Testimonials

‘It is a team with clear reports in addition to a high level of knowledge in the sector, which allows us not only to have a local overview of the query, but also to know how it could affect related markets.’

‘The lawyers are well trained and often schedule meetings and answer questions from the people involved in the projects.’

Key clients

Megadatos


Sayce


Lupitos Distributor


Autosharecorp


Distrivehic Distribuidora de Vehículos


Nipro


Delivery Hero


ABB Ecuador


RDCConstructores


Grupo Heller


Sodaleh &Helados


Smart Chemistry Smach


Andes Petroleum Ecuador


Dk Management Services


Gisis


Laboratorios Siegfried


Productos Perecibles y Mariscos


Rogronnbrid Parques y Diversiones


Rosas del Corazón Rosaslesandi


Resiflex Duraflex


RTC Coonecta


Accelero


Acería del Ecuador


Airbnb


Mobile Health Ecuador


Automotores y Anexos


Edificaciones Industrias y Comercio


Zaimella del Ecuador


Telconet


Telemática Business Company


Maersk Ecuador


Work highlights


  • Succesfully represented Megadatos in an unfair competition and illegal publicity case before the Ecuadorian Competition Authority.
  • Advised Uribe & Schwarzkopf in the filing of an unfair competition claim before the Ecuadorian Competition Authority.
  • Representing Unicon Peru and Unicon Ecuador following a fine for gun-jumping imposed by the Ecuadorian Competition Authority.

Flor Bustamante Pizarro Hurtado Abogados

Flor Bustamante Pizarro Hurtado Abogados’ recruitment of Gilberto Gutiérrez and Alfonso Becerra from Antitrust Consultores in May 2022 speaks to the firm’s continuous growth and avant-garde approach, which sees the team retained by major clients in the telecoms, pharmaceutical, agribusiness and automotive industries. Gutiérrez heads the team, backed by associate Lenys Orellana, a former official at the Superintendence of Market Power Control and an expert in administrative processes.

Practice head(s):

Gilberto Gutiérrez


Other key lawyers:

Lenis Orellana


Work highlights


Lexvalor Abogados

Lexvalor Abogados covers a wide spectrum of competition matters, acting primarily for clients in the food, beverage and retail sectors, including the likes of Corporación Favorita, Industrias Ales and Quala Ecuador. Areas of expertise include abuse of market power, cartels, merger control, unfair competition and state aid. Led by market reference Luis Marin Tobar and Ricardo Peñaherrera, a name to note for the regulation of supermarkets and its suppliers, the team shows further capabilities in litigation, both in a domestic and Andean context. Senior associate Camila Sánchez supplements this expertise, with an active practice advising on cases of abuse of dominance, the implementation of compliance programmes and unfair practice matters.

Practice head(s):

Luis Marín Tobar; Ricardo Peñaherrera


Testimonials

‘We have worked with the firm on a case that was highly complex. Its handling of the case was very professional.’

Camila Sánchez was very involved in all stages of the case. She is a very diligent and intelligent lawyer.’

‘Lexvalor Abogados has a team of professionals with extensive knowledge in their practice areas, who are capable of providing timely responses to our concerns. In our work with Lexvalor we have seen its ability to seek viable solutions to achieve our business. Instead of hindering business initiatives, they are good at finding creative and innovative solutions. All of which demonstrates their deep legal knowledge.’

‘Ricardo Peñaherrera is a lawyer with great technical legal knowledge and an excellent business understanding. Both are crucial to advise any company in terms of antitrust. Also, the firm is clearly aligned with our corporate values, an aspect that we value. We are sure that in addition to its strong legal knowledge, the firm has a strong human sense.’

Key clients

Quala Ecuador


Corporación Favorita


Industrias Ales


Yara International


Grupo Superior


Work highlights


  • Retained by Industrias Ales to advise on an alleged unfair competition suit filed by Upfield, for the introduction of a Naturella competitor in the margarine segment.
  • Advising Corporación Favorita both in preventive matters and daily operation of the company, as well as in proceedings before the Competition Authority.
  • Performed preventive advisory work and full competition due diligence for Yarecuador to ensure that Yara complies with Ecuadorian competition laws.

Pino Elizalde Abogados

Pino Elizalde Abogados is a popular choice for clients in the brewing industry, a standing consolidated by its representation of AB Inbev in post-merger procedures involving the implementation of several conditions imposed following its acquisition of SABMiller. Active on this matter, Marco (Valentín) Elizalde and associate Jessica Medina co-head the practice, with the former showcasing significant experience acting against the Superintendence for the Control of Market Power. Medina is also familiar with the Competition Authority, having previously worked there in-house. Recently, the firm has also seen an uptick in hydrocarbon-related work. In an important development, since publication the firm has opened a Quito office - effective as of February 2024.

Practice head(s):

Marco (Valentín) Elizalde; Jessica Medina


Key clients

Anheuser-Busch Inbev


Duragas


Work highlights


  • Advised Anheuser-Busch in the after-merger procedure and fulfilment of conditions imposed by the Superintendence of Control of Market Power following its acquisition of SABMiller.
  • Represented Anheuser-Busch in a lawsuit brought by the company to challenge the decision adopted by the Competition Authority to refuse a commitments proposal.
  • Advised Duragas on filing a complaint against Profrutas alleging imitation of its brand of natural juices.

Coronel & Pérez

The competition practice at Coronel & Pérez represents clients and their Latin American subsidiaries in connection with antitrust investigations alleging unfair and abusive practices, with further emphasis on internal audits and compliance processes. Cesar Coronel Jones leads the practice alongside César Coronel Ortega, working out of the Guayaquil and Quito offices, respectively. Coronel Jones is noted for compliance mandates and merger control filings, while Coronel Ortega stands out for multi-jurisdictional antitrust investigations and leniency applications.

Practice head(s):

César Coronel Jones; César Coronel Ortega


Testimonials

‘Experience and good management of the issues, great knowledge and availability.’

Key clients

Inmourbanist


Kimberly Clark International


Metropolitan Touring


Dentons Paz Horowitz

Dentons Paz Horowitz combines local expertise with international reach, providing advice on competition and international trade law for domestic and multinational companies. Key areas of work for the group include antitrust compliance, leniency applications, collection of evidence for filing complaints, pre-merger control and the handling of investigations by the Competition Authority. Director Eduardo Esparza spearheads these efforts, drawing from his experience in investigations of abuse of market power, agreements and restrictive practices at the Superintendence for Market Power Control; he is closely supported by the firm’s litigation and IP practices, which are often engaged to work on matters. Former practice head Byron Robayo departed the firm in January 2023.

Practice head(s):

Eduardo Esparza


Key clients

Oriental Industria Alimenticia


Industrial y Agropecuaria Clarcomcorp


Quifatex


Sumelab


KLM


Multicines


Talma Servicios Aeroportuarios


Entravision Communications


New Stratus Energy


Applus+


Vumilatina Medicina Prepagada


Petrolia Ecuador


COMSAEC


GoodYear Chile


Asesoria&Control


Zukalo


Tik Tok


Natural Capital Mining


Work highlights


  • Provided TikTok with a legal opinion regarding intellectual property and unfair competition.
  • Advised Petrolia on the presentation of a mandatory notification of the economic concentration operation for three companies before the Superintendence of Control of Market Power.
  • Advised Gleiss Lutz regarding intragroup agreements in relation to antitrust laws in connection with the situation of ALDI Nord and ALDI SÜD.