Industry focus: Retail in Spain

Baker McKenzie

Baker McKenzie counts leading multinational brands among its clients, with an emphasis on fashion and cosmetics companies. In the context of the Covid-19 pandemic, the firm has been kept busy assisting its retail clients with real estate issues, including in negotiations for the amendment of lease conditions. The employment team has also been actively advising retailers on labour law matters. IP and data protection mandates are often mainstays of the practice, which is jointly led by Cristina Duch and María Dolores Garayalde.

Practice head(s):

Cristina Duch; María Dolores Garayalde

Other key lawyers:

Mireia Sabaté; Raúl Rubio; Jorge Adell

Key clients

Esprit

Puig – Charlotte Tilbury

Work highlights

  • Advised Puig, the third generation family-owned fashion and fragrance multinational company based in Barcelona, on its acquisition of a majority stake in London-based Charlotte Tilbury, the iconic British luxury make up and skincare brand.

Bird & Bird

The retail and consumer practice group at Bird & Bird centres around three sub-sectors: food and beverage; luxury, fashion and retail; and hotels and leisure. The team covers the full spectrum of work affecting its clients, with particular strength in data protection, trade mark prosecution and enforcement, and M&A. Lourdes Ayala has broad experience in domestic and cross-border M&A and restructuring, often involving a significant real estate component. IP expert Antonio Cueto counts well-known fashion brands among his clients.

Practice head(s):

Lourdes Ayala; Antonio Cueto

Other key lawyers:

Mariano Santos; Manuel Lobato; Diana Sendagorta; Alberto Rodríguez

Key clients

3INA COSMETICS

AJE GROUP

AMC GROUP

AMREST

AORA HEALTH, S.L.

BC BG MAX .AZARIA / MARQUEE BRANDS

BEAM SUNTORY

BEN SHERMAN

BLOOM MOTION

BODEGAS BENJAMIN DE ROTHSCHILD AND VEGA SICILIA

CELOR SAS

COSTA COFFEE

CRUNCH FRANCHISE

CYNTHIA ROWLEY

ECCO SKO

EUROLOAN (MASH FINANCE GROUP)

FRUTAROM BELGIUM

HANES BRANDS INC

HARD ROCK LIMITED

Work highlights

  • Advising the client regarding its franchise network in Spain, including the review and localisation of franchise agreements for retail food stores and for hotel facilities (e.g. Hard Rock Café Seville, Hard Rock Café Valencia and several hotel facilities).
  • Assisting the client with the incorporation of a subsidiary in Spain, assisting the client in relation to regulatory and AML compliance matters and data protection matters, and the setting up of several consumer products.
  • Representing Ben Sherman Company in trade mark prosecution worldwide.

Cuatrecasas

Leading Iberian firm Cuatrecasas acts for retail and supermarket chains, fashion and cosmetics companies, tech and e-commerce businesses, as well as private equity funds investing in the fashion and consumer sectors. It is regularly instructed in high-value corporate and finance deals; its recent work for department store El Corte Inglés on its €2bn debt refinancing is a case in point. Joaquín Garaulet is a name to note for real estate deals, and Jorge Aranaz brings his employment law expertise to advise retailers on collective dismissals, collective bargaining and company restructuring.

Other key lawyers:

Joaquín Garaulet; Jorge Aranaz; Alejandro Negro

Key clients

EL CORTE INGLÉS

LEROY MERLIN

TOYS “R” US

IKEA

VINTED

REVLON

MERCADONA

PRONOVIAS

DRUNI

SUPERSOL

Work highlights

  • Advising on acquiring assets of Chicfy and signing a convertible loan contract in relation to Trendier Latam.
  • Advising (i) on refinancing its syndicated debt (€2bn); (ii) on a new syndicated loan through a revolving line of credit (€1.31bn); and (iii) on granting a syndicate financing with a guarantee facility from the Spanish Official Credit Institute (€960m).
  • Advising Emefin on acquiring 78.85% of Kipenzi (Masquepet), and the subsequent shareholders agreement.

DLA Piper

With extensive experience in the retail sector, DLA Piper is a popular choice of legal counsel for cosmetics, fashion and consumer goods companies. It stands out for its work in real estate and IP. Orson Alcocer is a name to note in the latter; he specialises in copyright and data protection and is particularly active in the fashion and gaming sectors. Diego Ramos's practice spans technology, IP and commercial law. Teresa Zueco is a key contact for corporate and M&A.

Practice head(s):

Orson Alcocer; Diego Ramos

Other key lawyers:

Teresa Zueco; Jesús Zapata; Borja de Obeso

Key clients

Avon

Levi Strauss

Newell Rubbermaid

Kering

Mondelez

Reckitt Benckiser

CBRE

NBA Properties

Bricor

Karen Miller

Work highlights

  • Acting as legal advisors to the lenders regarding the refinancing of the €2,000,000,000 debt of El Corte Inglés.
  • Advising on real estate matters connected to the acquisition of Las Mercedes business park, and offices complex located next to Barajas airport, with a total 79,000 square meters, consisting of nine office buildings and 1,650 parking spaces.
  • Provides legal advice regarding the design and implementation of schemes for the protection of Levi Strauss intellectual property and industrial property, including enforcement against imitators / infringers across borders.

Gómez-Acebo & Pombo

'A proactive team that always tries to find the best solution', Gómez-Acebo & Pombo maintains a busy retail-focused practice, acting for well-known domestic and multinational clothing, footwear and food retailers. In real estate, the team advises on urban planning and environmental matters connected to clients' premises; in the commercial and regulatory sphere, the firm advises on relationships with suppliers and consumers, including consumer protection. IP and IT expert Sofía Martínez-Almeida leads the team with Iñigo Erláiz, who focuses on corporate and M&A.

Practice head(s):

Sofía Martínez-Almeida; Iñigo Igartua

Other key lawyers:

Daniel Marín; Isabela Crespo; Mónica Esteve

Testimonials

They are lawyers who are used to the business sector and provide an adequate interpretation of the norm. They are also flexible to adapt the criteria if requested.’

They closely monitor the cases and give a quarterly list of the issues they have handled.’

‘It is a proactive team that always tries to find the best solution in highly specialized cases to provide quality customer support.’

‘Very good communication and speed in giving the answer to the client. In addition, they are always open to listening to proposals from the client, adapting to them and introducing them in their final response.’

Key clients

Carrefour

Converse, Inc.

Diageo

Giorgio Armani S.P.A.

Maus Freres (Lacoste, Gant, Aigle)

Media Markt

Metro/Makro AG

Microsoft Corporation

Nike Inc.

Sanrio

Toys R Us Iberia, S.A.U.

Mercadona, S.A.

Havaianas

G-STAR

PANDORA

Work highlights

  • Assistance in the acquisition of 100% of the Spanish Lacoste distributor (Basi, S.A.).
  • Provides ongoing advice to the client on data protection and consumer matters including compliance with regulation on sales periods, display of price indication, etc .
  • Advising on the implementation of the criminal compliance programme of the company.

Garrigues

'A great team of highly skilled and exceptionally involved lawyers', Garrigues provides a full-service offering to its retail-sector clients, which include cosmetics, clothing, eyewear and supermarket companies. Recent mandates keeping the team busy involve debt restructuring, acquisitions, distribution and day-to-day commercial and contractual matters. The firm employs a number of technological tools to speed up its processes, including the Contract Express tool, an automation software for contracts, agreements and other written material. Corporate and commercial expert Rocío Belda de Mergelina advises on the launch, restructuring, transformation and contracts relating to distribution and franchise networks. Álvaro López-Jorrín and Sergio González Galán are also key names.

Practice head(s):

Mónica Martín de Vidales; Álvaro López-Jorrín

Testimonials

‘Garrigues has a great team of highly skilled and exceptionally involved lawyers. Communication is speedy and clear.’

‘Profound knowledge of the industry and exceptional legal skills makes them unique. On the in-house side it is an asset.’

Key clients

YOUNIQUE

SAMSUNG

ESTEE LAUDER

AMPLIFON, SpA

BMW

ADVENT INTERNATIONAL

ADOLF WÜRTH GMBH & CO. KG

RIVERSIDE

PUNTO FA, S.L. (MANGO)

LUXOTTICA

APART

DIA, S.A.

TERRANOVA CNC FRANQUICIAS, S.L.

J. VILASECA, S.A.

MAHOU, S.A.

PRADA GROUP

GRUPO UVESCO

DORMITY

Work highlights

  • Provides legal advice to the Riverside Company in the acquisition of the 100% of Healthtech Bio Active.
  • Provided legal advice to Mango for the issuance of a commercial notes (pagarés) programme to the Spanish alternative fixed-income market (MARF).
  • Providing legal advice in relation to regulation, contracts and data protection issues in connection with the Samsung pay programme.

Hogan Lovells International LLP

Hogan Lovells International LLP's consumer and retail practice group has a well-established stable of well-known clients, and has also recently won a number of new clients in the technology and sports apparel sectors. In the context of the Covid-19 pandemic, the team has been busy advising on real estate and employment matters, though it also has a broad practice beyond these areas, and often advises on IP, M&A and consumer law. M&A partner Alex Dolmans leads the practice, which also includes Santiago Garrido, who specialises in regulatory and environmental law, and counsel Jon Aurrecoechea, who specialises in dispute resolution.

Practice head(s):

Alex Dolmans

Other key lawyers:

Santiago Garrido; Jon Aurrecoechea

Key clients

Douglas Spain, S.A.

Gordon Brothers International, LLC

Work highlights

  • Providing legal advice to leading Spanish fashion and beauty retailer, Douglas on various commercial contracts and corporate matters in Spain.
  • Providing consumer law advice and Spanish legal support to leading retail experts Gordon Brothers.

Uría Menéndez

Uría Menéndez advises a broad range of producers, distributors and retailers in the fashion, consumer goods, toys, food and jewellery sectors. Multi-disciplinary lawyers in the firm's Barcelona and Madrid offices collaborate to assist clients in M&A and other corporate transactions, as well as litigation and general corporate and commercial law matters. Patricia Vidal advises retail companies on competition and EU law; Borja Sainz de Aja focuses on patents, trade marks, industrial designs and copyright; and Ramiro Rivera handles domestic and cross-border capital markets and finance deals.

Practice head(s):

Patricia Vidal; Ramiro Rivera; Borja Sainz de Aja

Other key lawyers:

Antonio Herrera; Marta Ríos; Montiano Monteagudo

Key clients

Ergon Capital

KKR

Distribuidora Internacional de Alimentación

Adidas

Covetrus

Mahou

Byland UK Ltd.

Work highlights

  • Advised on the purchase of the business of the fashion brand LK Bennett Iberian, by Byland Iberian, a Chinese company set up by one of its supplier-partners.
  • Advising Wallapop (a Spanish market place for second-hand products) before the Court of Justice of the European Union in the appeal against the judgment of the European General Court in Case T-186/17, Unipreus vs EUIPO/Wallapop.
  • Advising DIA in respect of the voluntary tender offer by LetterOne Retail for 100% of DIA’s shares.