Posts Tagged : Regulation

Analysis: Recent ruling on competition law that strengthens its enforcement
4 de May de 2023 no comments

Our experts analyze the recent ruling by the European Court of Justice (ECJ) on Case C-25/21 on  competition law, on the basis of the burden of proof in actions for damages brought under Article 101 TFEU (Treaty on the Function of the European Union), which prohibits anti-competitive agreements between companies. The case: The claimants are the owners of a service station built by their predecessor. During the period from 1987 to 2009, the claimants or their predecessor, on the one hand, and Repsol, on the other, concluded several exclusive contracts for the supply of fuel. In 2001 (final decision 2010)…

Analysis: Preliminary Draft Law – Representative Actions for the Protection of Consumers’ Collective Interests
31 de January de 2023 no comments

Analysis of the Preliminary Draft Law on representative actions for the protection of the collective interests of consumers, which the Council of Ministers approved on December 20, 2022. This Law involves the transposition of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers. The Draft Bill on Representative Actions for the Protection of the Collective Interests of Consumers brings new developments in the field of collective actions, which we now refer to as representative actions. The Directive guarantees that all the Member…

2022: A Year in Review for Litigation Funding
29 de December de 2022 no comments

As we prepare to say goodbye to 2022, we would like to pause for a moment and reflect on the Litigation Funding related milestones that have defined the year. Regulations 2022 has been signaled by regulatory developments for the Litigation Funding Industry. Importantly, on September the European Parliament approved a set of recommendations to the Commission on Responsible Private Funding of Litigation. The Resolution recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness, and proportionality of…

Litigation Funding Regulation proposed
Guido Demarco for Expansion about the New Resolution on Responsible private funding of litigation
28 de September de 2022 no comments

How to regulate Litigation Funding is a current trend lately. In this regard, Guido Demarco, Director of Stonward, has published an op-ed in the Spanish newspaper Expansión talking about the new Resolution approved by the European Parliament on Responsible Private Funding of Litigation. The Resolution, dated 13 September 2022, recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness and proportionality of this tool. The problem, according to Guido, is that the proposed regulation is prone to “over-regulation”. The…

European Class Action Report 2022
19 de July de 2022 no comments

The second annual European Class Action Report 2022 published by international law firm CMS has been released. The report looks at class action activity in the UK and across Europe over a six-year period from 2016 to 2021. It is the only study to analyze data from class action proceedings across Europe and to map a true picture of class action risk. These are the key findings: The number of class actions filed in 2021 exceeds 2020, at 110 claims. This equates to growth of over 120% between 2018 and 2021. The explosive growth in ligation funding has been identified as…

Carolina Bayo writes for the newspaper Expansión about the new ICC regulation
3 de February de 2021 no comments

The economic newspaper Expansión publishes our Senior Director’s opinion on the new ICC Regulation that just entered into force. Carolina Bayo explains that one of the most significant changes in the new Regulation with respect to its 2017 version, which will continue to apply to cases filed before January 1, 2021, is that it includes an expected specific provision on funders and a necessary obligation for the parties: to inform about the existence of third-party funding. The obligation does not specify that the terms of the funding agreement must be disclosed. In Carolina’s opinion, the solution established by the ICC…