Competition Law · Ecuador

Antitrust andCompetitionlaw without surprises.

PreventNotifyDefend

We help your company compete vigorously and within the Organic Law on the Regulation and Control of Market Power: we review your commercial practices, notify your merger transactions and defend you before the competition authority, with coverage in Ecuador, Peru and Colombia.

01 / Why Fexlaw

In competition law, risk often lies in everyday decisions: a price, a contract or an email with a competitor. We help you detect it before the authority does, with legal, economic and forensic analysis in a single team.

ISO 37001Firm certified in an anti-bribery management system.
Great Place to WorkCertified as one of the best places to work.
0professionals, including lawyers, analysts and forensic experts.
0of our clients are corporations.
02 / Risks we address

Where a business practice becomes a problem.

These are the conducts and transactions the law monitors and that we review most often at the companies we advise, both to prevent and to defend.

Agreements between competitors

Price coordination, allocation of customers or markets, and exchange of sensitive information.

Abuse of market power

Conduct by a company with a dominant position that excludes or harms others.

Economic concentrations

Mergers, acquisitions and changes of control that must be notified to the authority.

Unfair competition

Acts of confusion, deception, disparagement or misappropriation of another's reputation.

Commercial contracts

Exclusivity, distribution and resale price clauses that may create risk.

Internal communications

Emails and messages that, unintentionally, may be read as coordination with competitors.

International trade

Trade distortions and trade remedy mechanisms against imports.

Authority investigations

Information requests, inspections and ongoing penalty proceedings.

03 / Services

Compete vigorously and within the law.

We combine legal, economic and forensic analysis so your company can make commercial decisions with confidence and respond well when the authority asks questions.

01Prevention

Competition due diligence

We audit, from both a legal and an economic perspective, your company's contracts, corporate decisions, commercial policies, internal communications and market practices to identify risks before they turn into an investigation.

  • Agreements and coordination
  • Abuse of dominant position
  • Unfair competition
02Prevention

Legal-economic market studies

We analyze the relevant market, current and potential competitors, barriers to entry, market shares and concentration indices to measure your company's market power.

  • Relevant market
  • Shares and concentration
  • Barriers to entry
03Transactions

Merger notification

We determine whether your transaction must be notified by analyzing corporate structures, changes of control, thresholds and turnover. We prepare the notification and respond to the authority's requests, in coordination with our corporate law and M&A practice.

  • Notification obligation
  • Thresholds and turnover
  • Responding to requests
04Transactions

Internal investigations and compliance

We conduct internal investigations when there are signs of risky conduct, and we work with you to design leniency strategies and cease-and-desist commitments, integrated into your compliance program.

  • Confidential investigation
  • Leniency strategies
  • Cease-and-desist commitments
05Defense

Defense in penalty proceedings

We defend your company in proceedings for anticompetitive practices, unfair competition and international trade distortions, from the initial response to the final instance.

  • Defense statements and evidence
  • Anticompetitive practices
  • Unfair competition
06Defense

Complaints and trade remedies

When your company is the one affected, we prepare and pursue the complaint before the competition authority and activate the appropriate trade remedy mechanisms.

  • Complaints
  • Trade remedies
  • Proceeding follow-up
04 / Competition Lab

Data and technology in support of the evidence.

Our Competition Lab uses technology tools, data analytics and artificial intelligence to identify risk patterns, detect anticompetitive or unfair competition conduct, and preserve evidence.

Competition Lab

Legal, economic and forensic analysis in a single team.

Drawing on the group's forensic capabilities, we carry out competition expert reports and audits that turn your company's information, or your competitor's, into useful evidence before the authority. A team with experience in senior public sector positions and in advising the private sector in Ecuador, Peru and Colombia.

AI-powered analysis

Risk patterns in large volumes of data.

Economic analysis

Relevant market, shares and concentration.

Evidence preservation

Information secured using forensic standards.

Competition expert reports

Technical reports for the proceeding.

Preventive audits

Review of practices before an investigation.

Andean coverage

Ecuador, Peru and Colombia.

Cross-border matters

Coordinated transactions and investigations.

Multi-sector experience

Energy, retail, pharmaceuticals, technology and more.

05 / How we work

One team, one point of contact.

01

Initial meeting

We listen to your situation in full confidence and review the information available.

02

Assessment

We identify risks, outstanding obligations and priorities for your company.

03

Plan and budget

We propose the roadmap, timeline and team, including any other practice areas of the firm that need to be involved.

04

Execution and follow-up

A lead lawyer coordinates everything and keeps you clearly informed at every step.

06 / Recognition

Six consecutive years in Band 1.

Leaders League has ranked Fexlaw in the top band for Criminal Law and Compliance in Ecuador for six years running. Chambers and Partners and the intellectual property rankings also recognize us for our anti-piracy work.

07 / Team

The people behind behind your strategy.

Competition and corporate lawyers, together with forensic financial analysis and anti-piracy specialists, with a presence in Ecuador, Colombia and Peru.

Eduardo Esparza Paula, Head of the Corporate and Competition Law Practice — FexlawPractice lead
01Eduardo
01 / 06Eduardo
Esparza Paula
Head of the Corporate and Competition Law PracticeView profile →
Daniel Calderón Beltrán, Partner · Forensic Financial and Tax Analysis — Fexlaw
02Daniel
02 / 06Daniel
Calderón Beltrán
Partner · Forensic Financial and Tax AnalysisView profile →
Alicia Salgado Macías, Head of the Anti-Piracy Practice — Fexlaw
03Alicia
03 / 06Alicia
Salgado Macías
Head of the Anti-Piracy PracticeView profile →
Esteban Vargas Peláez, Medellín Office Coordinator — Fexlaw
04Esteban
04 / 06Esteban
Vargas Peláez
Medellín Office CoordinatorView profile →
Jadir Villar Feria, Associate — Fexlaw
05Jadir
Alisson Guachilema Quinteros, Legal Assistant — Fexlaw
06Alisson
08 / Frequently asked questions

What clients often ask us.

General answers to common questions. Every company is different: write to us so we can review your situation.

01

What does competition law regulate in Ecuador?

The Organic Law on the Regulation and Control of Market Power. This law prohibits restrictive agreements and practices between competitors, abuse of market power and acts of unfair competition, and it establishes merger control.

02

When must I notify a merger or acquisition?

When the transaction involves a change of control and exceeds the turnover thresholds set by the regulations. We analyze the structure of the transaction and the parties' turnover to determine whether there is a notification obligation and when it must be made.

03

Can my company be at risk even without a large market share?

Yes. Agreements between competitors, such as fixing prices or allocating customers, and acts of unfair competition can be penalized regardless of the company's size. A preventive review helps detect these risks in time.

04

What should I do if I receive a request from the competition authority?

Review it immediately with specialized counsel, preserve the related information and respond within the deadline granted. A poorly prepared response can widen the scope of the investigation.

05

What is competition due diligence?

It is a legal and economic review of a company's contracts, commercial policies, communications and market practices to identify conduct that the authority could challenge and correct it in time.

CONTACT

Let's talk about
your market.

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Offices in Quito · Guayaquil · Bogotá · Lima
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