Francisco Marcos

An expert in business law and economic analysis of law, Francisco Marcos has enjoyed an intensive career in research and teaching in prestigious universities such as Harvard, Georgetown, California (Berkeley) and Bologna. In October 2006 he was appointed General Director of Competition Policy at the Regional Antitrust Authority, stepping down from that position on September 2009. Professor Marcos teaches law at IE, having studied as a Fulbright scholar (1994 – 1995) and having enjoyed a scholarship for the Real Colegio de San Clemente de los Españoles (1997 – 1998). His latest research hinges on the fields of competition law and economic regulation. He has also given classes at the Universidad Autónoma de Madrid, Universidad de Cantabria, Universidad Carlos III (Madrid), Pompeu Fabra (Barcelona), Europea de Madrid and Antonio Nebrija (Madrid).

“In my PhD thesis I analysed contractual tools used by foreign firms entering the US stock market, researching the transnational problems that exist in the different stock exchanges, which has hardly been studied at all from a legal perspective”. He received the Avvocato Mario Jacchia Award from Bologna University for the best doctoral thesis in commercial law. His thesis has been published by Thomson-Civitas in 2008 with the title Las “Depositary receipts”. La negociación cruzada de valores en los mercados extranjeros.

He is member of the Editorial Board of the European Business Organization Law Review (TMC Asser Press) and of European Company Law (Kluwer Law International), and has worked with internationally renowned experts like Stefan Riesenfeld, professor at Boalt Hall School of Law (UC Berkeley), Angel Rojo, chair holder at Universidad Autónoma de Madrid; and Renzo Costi, chair holder at Bologna University.

Professor Marcos holds a law degree from Universidad de Oviedo, a master of laws form the University of California in Berkeley, and a doctorate from the Real Colegio de España in Bologna. He has a broad experience advising foreign governments on different matters in the area of market regulation and competition law, having served as consultant for the World Bank/IFC, the European Commission, the Asian Development Bank and the Centro-American Bank for Economic Integration. Currently he does work as an academic consultant at CCS Abogados in Madrid.

ACADEMIC EXPERIENCE

• Professor of Law, IE University, 2023 – Present

• Associate Professor of Law, IE University, 2002 – 2023

• Associate Professor, Universidad Autónoma de Madrid, 2008 – 2009

• Associate Professor, Universidad Carlos III de Madrid, 2007 – 2008

• Head of Studies, Department of Law, Universidad Antonio de Nebrija, 2000 – 2002

• Associate Professor, Universidad de Cantabria, 1999 – 2000

• Visiting Professor, Universidad Pompeu Fabra (several years)

• Research Assistant, Yubarta and Harvard Law School, 1995

• Research Assistant to Prof. Stefan Riesenfeld, Boalt Hall School of Law, 1995

ACADEMIC BACKGROUND

• PhD in Law, Universitá degli Studi di Bologna. Real Colegio de San Clemente de España (Italy). Awarded with Cum Laude, 1998

• Master of Laws, University of California in Berkeley (USA), 1995

• PIL, Harvard Law School (USA), 1995

• Law Degree, Universidad de Oviedo (Spain), 1993

CORPORATE EXPERIENCE

• Academic Consultant at CCS Abogados (since 2018)

• Client Ombudsman at General Society of Authors and Editors-SGAE, 2011 – 2014

• General Director of Competition Policy, Madrid Competition Court, 2006 – 2009

• Director of the IE Observatory on Competition Policy, 2004 – 2006

• Expert Consultant, Econlaw Strategic Consulting, 2005 – 2006

• Lawyer and Jr. Associate of the Department of Legal and Tax Services, Landwell, 1994 – 1995

SELECTED PUBLICATIONS

• Marcos, F. (2023). Handbook on Antitrust Private Enforcement (coed. with Barry J. Rodger & Miguel Sousa Ferro) Edward Elgard

• Marcos, F. (2023). "Trucks cartel damages claims: Thousand and odd judgments issued by Spanish Appeal Courts" Zeitschrift für Europäisches Privatrecht 1/2023

• Marcos, F. (2021). "Antitrust Damages Claims in Spain" in Rafael Amaro (ed) Private enforcement of competition law in Europe. Directive 2014/104/UE and beyond, Bruyllant 2021, pages 365-381

• Marcos, F. (2021). "The Uneven and Unsure Playing Field for Competition Damages Claims in the EU: Shortcomings and Failures of Directive 2014/104/EU and Its Implementation", International Review of Intellectual Property and Competition Law-IIC 52 (2021) 468-476

• Marcos, F. (2018). The EU Antitrust Damages Directive: Transposition in the Member States (coed. with Barry J. Rodger & Miguel Sousa Ferro) Oxford University Press 2018