Industry focus: Retail in Spain

Baker McKenzie

Baker McKenzie regularly advises clients on e-commerce, regulatory compliance with EU legislation, and selective distribution, franchising and vertical restraints. Intellectual property specialists María Dolores Garayalde, who advises clients in the retail sector on licence agreements, technology transfer and software, and Cristina Duch, who also has a particular focus on competition and advertising matters, head the practice. The team also includes M&A specialist Luis Casals, tax planning and post-reorganisation integration expert Esteban Raventós and Raúl Rubio, who leads the firm’s IT and telecom practices and has experience in electronic signature and information security and online administration matters.

Practice head(s):

Cristina Duch; María Dolores Garayalde

Key clients

Esprit

Bird & Bird

Bird & Bird advises retail and consumer-facing clients on all stages of the product lifecycle: design; distribution and retailing; franchising; data protection and privacy; e-commerce; supply chain logistics; advertising and marketing; and disputes. The practice also advises clients on brand and strategy, reputation management, media crises (including social media), consumer protection, product claims and data breaches. Lourdes Ayala, who has particular experience acting for automotive and fashion and luxury goods companies, heads the team with intellectual property specialist Antonio Cueto, who has significant experience in complex disputes over trade marks, designs and unfair competition.

Practice head(s):

Lourdes Ayala; Antonio Cueto

Key clients

Aora Health, S.L.

Ben Sherman

Costa Coffee

Cynthia Rowley

Hanes Brands Inc

KFC

Lenovo

PizzaExpress (Franchises) Limited

Taco Bell

Trip Advisor

Work highlights

  • Advised 3ina Cosmetics on a franchise structure for the Russian master franchisee.
  • Advised Aora Health on IP and brand matters.
  • Advised Regus Group on the drafting of a master franchise agreement.

Cuatrecasas

The team at Cuatrecasas acts for retail chains, fashion companies, supermarket chains, funds and private equity groups, and e-commerce companies. The practice advises on real estate, corporate M&A, financing, intellectual property and labour matters in the retail sector. Other areas of work include debt refinancing, data protection and consumer protection, land management, brand development and franchise relations. The team includes planning and public real estate specialists Esteban Flores and Yolanda Guerra, and labour and employment expert Rubén Doctor, who is experienced in collective dismissals. Flores advised Ikea on its expansion in Spain, including on contract negotiation, urban planning and the opening of its flagship store in Madrid.

Key clients

Ikea

Media Markt

H&M

Nike

Áreas

Mercadona

Aldi

Wallapop

Amazon

Alibaba

Zalando

Decathlon

Druni

Foot Locker

Giordano

Work highlights

  • Advised Grandivision, through its Spanish subsidiary, on acquiring Óptica 2000 (the optical division of El Corte Inglés) and its Portuguese subsidiary.
  • Advised Spain-based retailer El Corte Inglés on renewing its promissory note programme; refinancing, including the issuance of a bond; and a dispute initiated by the firm’s president against the board of directors’ decision to remove him.
  • Advised on selling the production unit of the Toys “R” Us Group in Spain and Portugal, in bankruptcy proceedings, to Green Swan.

DLA Piper

Recent highlights for DLA Piper include advising Levi Strauss on the enforcement of intellectual and industrial property rights. The team also advises on consumer spending, product line expansion and regulatory issues. Diego Ramos, who is active in the commercial and intellectual property fields, heads the practice, which also includes the M&A-focused Teresa Zueco, who is experienced in private equity and in cross-border transactions with Latin American and French investors.

Practice head(s):

Diego Ramos

Key clients

Avon

Levi Strauss

Newell Rubbermaid

Kering

Mondelez

Reckitt Benckiser

Work highlights

  • Advised Reckitt Benckiser on the implementation of commercial and marketing schemes following the adoption of GDPR.

Gómez-Acebo & Pombo

Gómez-Acebo & Pombo advises retail companies on real estate and urban planning, compliance and consumer protection, the digital economy and logistics matters. Key areas of work include advising clients on their  business models, relationship with their suppliers, consumer protection, retail trading regulations and the digital economy. The team is currently acting for companies in the textiles, clothing and footwear sectors that have opened production facilities in Asia in matters relating to marketing, labelling and anti-counterfeiting. Intellectual property and IT expert Sofía Martínez-Almeida, who has extensive experience in the fashion sector, heads the team and is recommended as a ‘standout partner’.

Practice head(s):

Sofía Martínez-Almeida

Key clients

Carrefour

Converse, Inc.

Diageo

Giorgio Armani S.P.A.

Lacoste

Media Markt

Metro/Makro AG

Microsoft Corporation

Nike Inc.

Sanrio

Toys R Us Iberia, S.A.U.

Mercadona, S.A.

Hermes

G-Star

Work highlights

  • Advised Mercadona, a supermarket and online shopping company, on the implementation of a criminal compliance programme.
  • Advised Armani Group on its day-to-day activity, including on data protection, lease agreements and brand enforcement matters.
  • Advised Casual Brands Group on the negotiation of a master franchise agreement with Yum! Brands in the food sector.

J&A Garrigues SLP

J&A Garrigues SLP’s multi-disciplinary practice advises on a range of matters in the retail sector, encompassing M&A transactions, commercial agreements, logistics, intellectual property, compliance, real estate, taxation, and claims and litigation. The team also handles matters relating to distribution, franchising, warehousing agreements, promotional campaigns, consumer rights, environmental matters and the implementation of e-commerce platforms. Corporate and M&A partners Mónica Martín de Vidales and Álvaro López-Jorrín head the team, which also includes corporate governance and outsourcing specialist Sergio González Galán and Rocío Belda de Mergelina, who focuses on distribution and franchise networks. Belda de Mergelina recently advised Younique, an American cosmetics company, on its launch in the Spanish market.

Key clients

Advent

Younique

Samsung

Carrefour

Estée Lauder

Pernod Ricard

Nuevas Actividades Urbanas

Amplifon, SpA

Ford

BMW

Alsea

Findus España

Work highlights

  • Advised the Estée Lauder Group on a selective distribution system.
  • Advised cosmetics company Younique on its launch in the Spanish market.
  • Advised Samsung on day-to-day business matters including distribution agreements, promotions and product warranties.

Uría Menéndez

The retail team at Uría Menéndez includes partners from the firm’s corporate, intellectual property, competition, litigation and regulatory groups. The practice is led by EU law and competition specialist Patricia VidalRamiro Rivera, who is head of the firm’s securitisation working group; and Borja Sainz de Aja, who focuses on intellectual property and unfair competition. Rivera recently advised Distribuidora Internacional de Alimentación on a proposed €600m share capital increase. Other highlights include representing Philip Morris Spain before the CNMC, the Spanish competition regulator.

Practice head(s):

Patricia Vidal; Ramiro Rivera; Borja Sainz de Aja

Work highlights

  • Advised KKR in connection with the tender offer launched over all the outstanding shares of Telepizza Group.
  • Advised Grupo Finaccess on the acquisition by one of its subsidiaries of shares in restaurant operator AmRest.
  • Advised Telepizza Group on the strategic deal and master franchise agreement between Telepizza Group and Pizza Hut International.