Esguerra Asesores Jurídicos > Bogota, Colombia > Firm Profile

Esguerra Asesores Jurídicos
AV CALLE 72 NO 6-30
PISO 12
BOGOTÁ
Colombia

Colombia > Competition and antitrust Tier 1

Widely recognised as a go-to firm for complex investigations and competition litigation, Esguerra Asesores Jurídicos’ full-service competition and antitrust practice also routinely handles merger reviews and consumer protection-related matters. Considered by many as a reference in the market, Alfonso Miranda is an all-round competition specialist; he is currently representing Avianca in an administrative investigation conducted by the SIC concerning alleged non-compliance with the remedies imposed on a merger to jointly manage the Avianca Tours brand. The group also benefits from the senior expertise of Andrés Jaramillo Hoyos, who has a focus on competition litigation; he is representing Sociedad Portuaria Regional de Buenaventura in an investigation into potentially anti-competitive behaviour concerning the provision of port operation services in the Port of Buenaventura. Rounding out the team at partner-level is Daniel Beltrán, who is currently advising the companies of Grupo Sura on compliance issues. The group additionally draws on a capable band of associates, including David Cotrina, who advises on competition, consumer protection and IP, and Jasibi Ali Cabrales, who joined in June 2022 from Bermúdez & Esguerra Abogados. Former associate Jorge Lamo Blanco left to join Posse Herrera Ruiz in July 2022. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Alfonso Miranda; Andrés Jaramillo Hoyos; Daniel Beltrán

Testimonials

I value that several professionals are also academics/university professors in the subject in which they practice. They carry out studies on the practice, they create forums, they cause discussions and that gives them a broad vision that facilitates an effective practice.

In competition Alfonso Miranda is recognised as a guru of competition law. I have known the team for three decades; its meticulousness, care, work ethic and efficiency — for example as contractual negotiators and facilitators — never ceases to amaze me.

Lawyers are clearly experts in the field and are concerned with solving the legal problem raised; they not only focus on issuing advice but are also committed to decision making. They have exceptional response times and competitive prices.

What makes the competition practice of Esguerra Asesores Jurídicos unique is its track record. For more than 30 years Alfonso Miranda has led (academically and professionally) in competition law. He has handled, together with Andrés Jaramillo and more recently Daniel Beltrán, the most important cases in the country and in several international ones.

Many of competition issues in Colombia have been addressed for the first time by Esguerra’s team, which combines its great track record with a strong team, who truly know the authority and has experience in the economic analysis of law and in procedural issues.

Esguerra Asesores is a medium-sized firm, but the competition team is more robust than those of the large firms and could be the strongest of all. The cases are approached in an interdisciplinary way with a strong component of economic analysis.

Daniel Beltrán was recently named partner and is the one who co-ordinates the team. He is a lawyer with great experience and knowledge and has participated in very important cases alongside Alfonso Miranda, with an emphasis on business integrations, restrictive practices and denunciation.

David Cotrina is a great expert in procedural law and has been involved in unfair competition cases and practice cases in sectors such as pharmaceuticals, medical supplies and telecoms.

Key clients

Avianca

Bancolombia

Corficolombiana

Drummond

Chevron Petroleum Company

Bavaria & Cía (Ab InBev)

Kimberly Clark

Comcel

Promigas

Laboratorios Baxter

Sanimax

Manuelita

Equion Energia

Sociedad Portuaria Regional de Buenaventura

Oleoducto Central (OCENSA)

Ecopetrol

Koba Colombia D1

Citibank

Quala

Mexichem (Orbia)

División Mayor del Fútbol Colombiano (DIMAYOR)

Work highlights

  • Represented Avianca in an administrative investigation conducted by the SIC concerning alleged non-compliance with the remedies imposed on a merger to jointly manage the Avianca Tours brand.
  • Represented Sociedad Portuaria Regional de Buenaventura in an investigation by the SIC to determine whether it engaged in anti-competitive behaviour concerning the provision of port operation services in the Port of Buenaventura.
  • Advised Bancolombia—Grupo Sura on merger-control matters connected to the creation of a new digital solution (ARATI) for senior citizens between Grupo Sura, Bancolombia, Protección, Sura AM and Seguros Suramericana.

Colombia > Public law Tier 1

An expert in Colombian public and administrative law’, Esguerra Asesores Jurídicos is particularly admired for its contentious firepower, where it frequently handles high-stakes constitutional and administrative law disputes — in both judicial and arbitral forums. The group also advises a diverse roster of local and multinational companies and public entities on bidding processes, project structuring and public contracts, among other matters. Name partner Juan Carlos Esguerra maintains a prominent disputes practice; he recently paired up with Felipe Piquero to represent Ecopetrol in two different collective rights protection suits aimed to block its $3.5bn acquisition of the government’s stake in ISA. The team also includes next-generation public law specialist Adriana Nieto, as well as public-law focused associates Jorge Andrés Gómez and María Fernanda Barraza Díaz. Associate Carlos Lasprilla left in July 2022 to study abroad. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Juan Carlos Esguerra; Felipe Piquero; Adriana Nieto

Testimonials

The firm is an expert in Colombian public and administrative law. The team possesses deep experience in this field, so its advice is clear and appropriate; it warns of risks and proposes mitigation strategies.

We particularly highlight the work of Felipe Piquero and Jorge Andrés Gómez Avendaño.

The team’s strongest points are its opportunity, closeness, proactivity, empathy with internal officials, willingness and openness. It is a highly outstanding firm, which provides a lot of security in its management, and in which we have great confidence.

We recommend the tea, for its wide disposition to find solutions and strategies to take all the matters forward. I would say that its ability to provide a holistic view of the topics, with specialised focuses that interconnect, is its great differential.

Felipe Piquero and Juan Carlos Esguerra provide complementary perspectives on the themes that we entrust to them. Undoubtedly, the direct attention of the partners is the great differential; they are always open, with the best disposition to talk about the different matters entrusted to them.

Key clients

Cemex Colombia

Caja Colombiana de Subsidio Familiar (Colsubsidio)

Ecopetrol

Empresa de Teléfonos de Bogotá (ETB)

UNE EPM Telecomunicaciones

Hocol

Ministerio de Transporte

Payc

Seguros Generales Suramericana

Seguros de Vida Suramericana

Work highlights

  • Represented a construction company in the fiscal liability process initiated by the Contraloría General de la República in connection with the construction of projects using public resources.
  • Represented Caja Colombiana de Subsidio Familiar (Colsubsidio) in judicial proceedings arising from the performance of contracts for the construction of approximately 2000 new homes.
  • Advised the Ministerio de Transporte on the legal structuring of the new concession that will operate the RUNT project, as well as on the auditing agreement by which an independent party will comprehensively supervise the concession agreement.

Dispute resolution > Litigation Tier 2

Esguerra Asesores Jurídicos scores points with sources for its ‘strong disposition to find solutions and strategies to take matters forward’. Widely recognised for its dominant public law practice, the team shines in representing domestic and multinational clients in complex constitutional and administrative litigation. As well as being sought after for its specialist public law expertise, the dispute resolution group also packs a punch in contentious competition matters, where it leverages its top-tier competition and antitrust offering; and commercial litigation, where it is adept at handling disputes involving heavily regulated industries. Name partner Juan Carlos Esguerra is lauded as ‘an expert in Colombian legislation’, which positions him as a popular figure for public-law litigation. Esguerra recently paired up with fellow public law specialist Felipe Piquero to represent Cerrejón in proceedings initiated by indigenous communities, members of the Congress, and others, to revoke the environmental licences permitting its operation in La Guajira. Other key names include competition partner Andrés Jaramillo and dispute resolution-focused associate Jorge Andrés Gómez. Associate practice director Andrés Felipe Cadena joined WOM Colombia in April 2023, while associate Carlos Lasprilla left to study abroad in July 2022. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Juan Carlos Esguerra; Felipe Piquero; Andrés Jaramillo

Testimonials

An excellent multidisciplinary work team. We particularly value lawyers for their kindness and availability for client service.

A competent and highly qualified team with extensive experience in dispute resolution. We note that it seeks, on occasion, to avoid litigation and reach agreements before going to court; its strategies usually include negotiation or conciliation. It has an excellent disposition to respond to the different queries that arise.

The work of Felipe Piquero and associate Jorge Andrés Gómez stands out. They try to understand all the situations that surround the cases brought to their attention and always propose strategies to achieve the best results for their clients. Juan Carlos Esguerra is an expert in Colombian legislation.

The teams strongest points are its closeness, proactivity, relationships with internal officials, willingness, and openness. It is a highly outstanding firm, which provides a lot of security in its management, and in which we have great confidence.

Lawyers demonstrate a strong disposition to find solutions and strategies to take matters forward.

Undoubtedly, the direct attention of the partners is the great differential for this firm. Senior lawyers are always open, with the best disposition to talk about the different matters entrusted to them.

Key clients

Caja Colombiana de Subsidio Familiar (Colsubsidio)

Cerrejón

Colombia Móvil (TIGO)

Compañía Aseguradora de Fianzas (Confianza)

Emgesa

Manuelita, Riopaila Castilla, and Ingenio La Cabaña

Norgas

Sociedad Fiduciaria para el Desarrollo Agropecuario (Fiduagraria)

Sociedad Portuaria de Buenaventura

Une

Work highlights

  • Representing UNE EPM Telecomunicaciones in a $30m judicial proceeding against the Colombian Ministry of Telecommunications and Technology.
  • Representing Emgesa in bringing proceedings against the Autonomous Environmental Authority of Cundinamarca, following its imposition of $25m worth of environmental compensation obligations against the company.
  • Acting for three sugar producers (Manuelita, Riopaila Castilla, and Ingenio La Cabaña) in challenging several administrative sanctions imposed by the SIC for the violation of antitrust laws.

Colombia > Capital markets Tier 3

Esguerra Asesores Jurídicos’ practice predominantly advises public companies on M&A, spin-off transactions and regulatory matters, including company incorporations. The team also demonstrates significant activity in debt capital markets work. In a recent example, department head Juan Pablo Gonzalez advised Scotiabank Colpatria on the issuance of subordinated bonds classified in the Additional Tier 1 capital of the bank. Veronica Arango Lux is also noted for her experience in advising on bond and share offerings in both the local and international markets. In December 2022, associate María Andrea Ballén joined Valentech Pharma. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Juan Pablo González

Key clients

Protección AFP

AdCap Colombia, Comisionista de Bolsa

Gestor Profesional Inmpacta

Insights Investments

Cámara de Riesgo Central de Contraparte

Gestor Inmobiliario

Itaú Corpbanca Colombia

Itaú Asset Management Colombia

EFG Group

Pa Helsinki

Insights Wealth Management

Scotiabank Colpatria, Scotia Capital (SCI) and The Bank of Nova Scotia Trust,

Scotiabank Colpatria

Work highlights

  • Advised Protección AFP on its spin-off process, which involved the incorporation of insurance company Asulado Seguros de Vida.
  • Advised Scotiabank Colpatria on the issuance of subordinated bonds.
  • Advised the shareholders of AdCap Colombia Comisionista de Bolsa on a partial spin-off process, through which part of the company’s assets were transferred to a Panamanian company.

Colombia > Corporate and M&A Tier 4

Esguerra Asesores Jurídicos’ corporate practice is ‘very agile in its responses, without losing depth in the analysis’, according to some. The team benefits from its ability to lean into the wider firm’s formidable regulatory offering to specialise in advising on transactions involving heavily regulated industries, including financial services, life sciences, infrastructure and energy, among others. Led jointly by Juan Pablo González, whose practice spans corporate, capital markets and finance work, and Andrés Parias, who handles a mix of transactional and compliance matters, the department also includes corporate and finance partner Verónica Arango Lux. December 2022 saw former associate Maria Clara Londoño leave for Bancolombia, but in January 2023, the group welcomed the arrival of associate Felipe Nova Delgado from ONGC Videsh. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Juan Pablo González; Andrés Parias

Testimonials

The team is very agile in its responses, without losing depth in the analysis.

Key clients

Protección AFP

AdCap Colombia, Comisionista de Bolsa

Payc

Banaplast

Inversiones de Gases de Colombia (INVERCOLSA)

Grupo de Inversiones Suramericana

Ecopetrol

EPS SOS

Sociedad Portuaria Regional de Buenaventura (SPRBUN)

Work highlights

  • Advised Protección AFP on its spin-off process, through which the insurance company Asulado Seguros de Vida was incorporated.
  • Advised the shareholders of AdCap Colombia, Comisionista de Bolsa on the negotiation process to sell 100% of its shares to Progresión Sociedad Administradora de Inversión.
  • Advised the shareholders of Payc on the sale of 100% of its shares to Egis Consultoría.

Colombia > TMT Tier 4

Distinguished by its ‘outstanding legal knowledge’, Esguerra Asesores Jurídicos’ is recommended for its longstanding involvement in telecoms issues. In particular, it stands out for its extensive experience in representing both public entities — including regulatory and legislative bodies — and communications companies in regulatory and contentious matters. Competition and telecoms partner Alfonso Miranda Londoño co-heads the group together with Andrés Jaramillo Hoyos, who has a focus on competition and heavily regulated industries. Competition-focused associate Liliana Runcería Rodríguez also has a significant telecoms dimension to her practice. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Alfonso Miranda Londoño; Andrés Jaramillo Hoyos

Testimonials

Esguerra Asesores Jurídicos is an excellent law firm. It is the perfect combination of tradition and innovation. We have been with Esguerra for 10 years and we continue to engage the team.

We appreciate lawyers for their personal service and outstanding legal knowledge; Andrés Jaramillo Hoyos in particular provides this to us.

Key clients

BT Latam

AXESS Networks Solutions Colombia

Promigas

Mind Selecta

Comunicación Celular (Comcel)

Work highlights

  • Advising AXESS Networks Solutions on all legal matters, especially regulatory compliance.
  • Advising Promigas on the design and implementation of the Brilla mobile application, through which customers can acquire non-bank financing to purchase products or services from Brilla’s commercial allies online.
  • Advising Mind Selecta on the implementation of the commercial relationship with its largest multinational client, including data protection matters.

Colombia > Banking and finance Tier 5

Esguerra Asesores Jurídicos houses a multidisciplinary banking and finance practice that routine advises financial institutions, insurance entities and funds on regulatory and transactional matters. As a former executive vice president of the Colombian Stock Exchange, group head Juan Pablo González is well versed across the gamut of finance, securities and corporate law. The group also includes Verónica Arango Lux, who has a focus on banking, finance and capital markets transactions. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Practice head(s):

Juan Pablo González

Testimonials

Committed, organised and disciplined team. They complement their positions with the knowledge of other experts within the office. They have a tool that allows you to monitor the different stages of the project.

Recommended for their level of preparation, their quality in treatment and their practicality: Juan Pablo Gonzalez and Veronica Arango.

Key clients

Itaú Corpbanca (Chile)

Protección AFP

Troop Team

Distribuidora Rayco

Itaú Corpbanca Colombia

Scotia Capital Inc

Work highlights

  • Advised Itaú Corpbanca on the structuring of a subordinated loan agreement.
  • Advised Protección AFP on a spin-off process, which involved the incorporation of insurance company Asulado Seguros de Vida.
  • Acted for Distribuidora Rayco on the structuring of credit financing, through the sale of portfolios originated by Rayco and third parties.

Dispute resolution > Arbitration

Colombia > Compliance and white-collar crime

Maintaining its growth trajectory, the one-partner team at Esguerra Asesores Jurídicos continues to focus on the consolidation of its compliance offering. The firm’s commitment to the advancement of the practice was recently evidenced by the January 2023 hire of associate Felipe Nova Delgado, who was formerly a compliance officer at ONGC Videsh. Since publication, the firm has merged with tax specialist firm Jiménez, Higuita, Rodríguez & Asociados to become Esguerra JHR - effective as of February 2024.

Esguerra Asesores Jurídicos is a market-leading firm, with a very strong and multidisciplinary team and vast experience in both, consulting and complex litigation matters. Its partners are well recognized in the professional and academic sphere in each of their respective fields of expertise, and, thus, they have played an active role as experts in —or even direct drafters of— specific legal and regulatory reforms. The firm works within the strictest ethics parameters and the highest professional standards.

Added value

  • Participation of at least one of the partners in each of the assignments conducted by the firm.
  • Experience of the partners, who are highly recognized in the market, by clients and other law firm members.

Main areas of practice
Arbitration: For over three decades the firm has been  a top-tier national and international arbitration law firm. Its practice includes acting as counselors or arbitrators in matters of commercial, administrative, constitutional, telecommunications, financial and insurance law, between public and private entities, mostly under the rules of the Bogotá Chamber of Commerce and the International Chamber of Commerce.

Banking and finance: The firm has a leading, well-established banking and financial law team. It is best known as an esteemed counsel to the largest banks, pension funds, trusts managers, representation offices, and other financial institutions in Colombia. It has participated in the main discussions on financial regulation topics as advisors of governmental stakeholders, as well as in several financing and refinancing deals, including project finance.

Capital markets: Clients have consistently recognized the firm as one of the most highly qualified Colombian firms in capital markets law. Throughout the years, Esguerra Asesores Jurídicos has acquired extensive experience advising national and international clients regarding the legal framework applicable to the incorporation, mergers and acquisitions, reorganization and liquidation of financial entities. The team is appraised by its vast experience handling all kinds of financial operations, and has acted as legal counsel to several securities’ public offerings and provides permanent legal counselling to brokers in the structuring and implementation of intermediation activities.

Competition/antitrust: The firm is one of the leading antitrust firms in Colombia. It represents its clients both in antitrust, unfair trade, consumer protection and data protection investigations conducted by the National Competition Authority and in related litigation before the courts. The firm’s remarkable experience allows it to provide excellent advice in complex matters and specialized markets. Esguerra Asesores Jurídicos also has vast experience analyzing and presenting merger filings before national authorities and obtaining all necessary authorizations. Last but not least, the firm provides guidance to its clients in competition compliance.

Compliance: The firm advises companies in the implementation of anti-money laundering and anti-bribery compliance programs.

Corporate/mergers and acquisitions: The firm’s knowledge and experience makes it a recognized relevant player in the corporate/M&A field in Colombia, where it successfully provides legal advice in issues relating to mergers and acquisitions, transformation and liquidation of companies, stockholders’ agreements, corporate litigation, insolvency procedures, and reorganization and restructuration processes.

Data protection: The firm advises national and multinational companies to adapt their data protection program to the specific needs of the Colombian data protection regulation. Esguerra Asesores Jurídicos has also represented clients in investigations conducted by the Data Protection Authority and civil courts.

Healthcare system: The firm has built a leading practice in the flourishing healthcare industry. Esguerra Asesores Jurídicos advises several of the largest private and public institutions which participate in this sector, including insurance companies, hospitals, other health care providers and national and international pharmaceutical companies.

Infrastructure: The firm has provided legal advice to public entities and investors in the structuring and participation in bidding processes, as well as in the follow-up of public contracts in the fields of infrastructure, transportation, information technologies, healthcare, among others.

Labor and social security: The firm is highly recognized for its successful experience in appeals before the Labour Chamber of the Supreme Court.

Litigation: The firm has a well-regarded litigation team, which provides services in numerous practice areas including commercial, constitutional, administrative, antitrust, insurance and labor law, especially in highly complex litigations.

Public: The firm has a preeminent constitutional and administrative law practice, providing legal assistance in constitutional remedies and administrative proceedings, as well as acting as plaintiffs of defendants in lawsuits in the field of public contracting, mostly in construction projects (roads, hydroelectric and thermoelectric plants, schools and hospitals, fully or partially funded with public resources).

The firm is also active in the field or energy generation, transportation and distribution, including renewables (solar, wind, hydrogen, etc).

Taxation: The firm offers tax advisory to determine the best alternatives of investment and the most efficient structure. The provided tax services refer to corporate taxes and tax planning advisory from a corporate standpoint.

Telecommunications, media and technology: The firm has acted as an advisor to the government in regulation and law-making issues. This has allowed it to provide carriers, content and application providers and other key market players, advice with a unique insight in telecommunications and technology law.

Department Name Email Telephone
Public Law and Dispute Resolution Juan Carlos Esguerra jcesguerra@esguerra.com
Competition & Antitrust Alfonso Miranda amiranda@esguerra.com
Competition & Antitrust Andrés Jaramillo ajaramillo@esguerra.com
Capital Markets, Banking & Finance and Corporate/M&A Juan Pablo González Mejía jpgonzalez@esguerra.com
Public Law and Dispute Resolution Felipe Piquero fpiquero@esguerra.com
Healthcare Carolina Ortiz cortiz@esguerra.com
Competition & Antitrust Daniel Beltrán dbeltran@esguerra.com
Public Law and Infrastructure Adriana Nieto anieto@esguerra.com
Corporate and M&A Andrés Parias aparias@esguerra.com
Capital Markets and Banking & Finance Verónica Arango varango@esguerra.com
Labour Hector Arriaga harriaga@esguerra.com
Photo Name Position Profile
Verónica Arango photo Dra Verónica Arango Partner of the Capital Markets and Banking & Finance areas of practice
Héctor Arriaga photo Héctor Arriaga Partner of the Labour & Employment practice area
Daniel Beltrán photo Daniel Beltrán Partner of the Competition area of practice
Juan Carlos Esguerra photo Juan Carlos Esguerra Partner of the Public Law, Arbitration and Dispute Resolution practice areas
Juan Pablo González photo Juan Pablo González Partners of the Banking & Finance, Capital Markets, Corporate and M&A practice…
Andrés Jaramillo photo Andrés Jaramillo Partner of the Competition and Antitrust practice area
Alfonso Miranda photo Alfonso Miranda Partner of the Competition and Antitrust practice area
Adriana Nieto photo Adriana Nieto Partner of the Public Law and Infrastructure areas of practice
María Carolina Ortiz photo María Carolina Ortiz Partner of the Health Care Law practice area
Andrés  Parias photo Andrés Parias Partner of the Corporate / M&A areas of practice
Felipe Piquero photo Felipe Piquero Partner of Public Law, Dispute Resolution and Projects practice areas
Other fee-earners : 30
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