Competition

Our team supports dominant businesses, and businesses harmed by the practices of dominant companies, in relation to pricing issues or otherwise potentially abusive practices, and the negotiation of commitments.

• Exclusionary abuse of dominance investigation
  
  Defending one of the largest global financial information providers in relation to an exclusionary abuse of dominance investigation by the EC pertaining to restrictive contractual licensing practices, including the negotiation of commitments.
• A large global fertiliser producer
  
  Advising a large global fertiliser producer on various potential abuse of dominance issues and anti-competitive restrictions arising in commercial agreements in its supply chain.
• A joint venture player in the LNG market
  
  Advising in relation to various allegations made against the JV and its shareholders (large global energy companies), including in relation to abuse of dominance and cartel / illegal exchange of information anti-competitive practices.
• A global medical devices manufacturer
  
  Advising on legal strategies after its key supplier (also a competitor) unilaterally changed supply terms, amounting to an abuse of dominance and harming both competition and patient care. Our team provided cross-border advice on recourse options, demonstrating our expertise in complex, high-profile healthcare sector matters.

Our competition experts guide clients through dawn raids, investigations, whistleblowing, leniency, settlement discussions, fine reductions, director disqualifications and court appeals.

• European Commission (EC) cartel investigation
  Advising an international bank in an EC cartel investigation (European Government Bonds), including applying for leniency before the EC and various EU Member States' national competition authorities, as well as advising on settlement and acting for the bank in appeal proceedings before the European Courts.
• Competition & Markets Authority (CMA) cartel investigation
  Advising a leading private equity firm on an immunity application to the CMA by one of its portfolio companies and at all stages of the CMA's cartel investigation.
• Fragrance cartel
  Representing one of the key individuals in the alleged international fragrance cartel investigation being carried out by multiple antitrust regulators, including the US Department of Justice, European Commission, CMA and Swiss Competition Authority.
• End-of-life vehicle cartel
  Representing an individual in the EC and CMA's investigation of the end-of-life vehicle cartel.
• Euribor investigation
  Advising a major French financial institution in a high-profile European Commission investigation, known as the Euribor case. This case, ongoing for over a decade, involves complex legal questions about fundamental rights, competition law, and penalty calculations.

Our team works collaboratively with our Regulatory and Investigations team on such matters, drawing together decades of expertise dealing with regulators. For more information, view our Regulatory and Investigations services.

Our competition lawyers have extensive experience advising on distribution, selective distribution, franchising, licensing, agency, and supply agreements, alliances and other commercial arrangements to ensure compliance.

• Complex supply arrangements Advising a global company in relation to complex supply arrangements with its key competitors, and potential alternative supply arrangements with a much smaller competitor.
• Selective distribution system Advising an audio manufacturer on the implementation and roll-out of a selective distribution system in the UK and across the EU, including advising on pricing and territorial restrictions.
• Compliance of distribution arrangements across the EU  Advising an international pen manufacturer on the compliance of its distribution arrangements across the EU, including online and brick and mortar pricing policies and territorial restrictions.

Our experienced competition litigators have extensive expertise in defending and pursuing competition claims in proceedings before the High Court and the CAT. They are well-versed in conducting competition damages claims on behalf of both claimants and defendants, including collective proceedings.

Please view our Competition Litigation service page for more information.

Our team helps clients ensure they are compliant with EU and UK competition laws through providing training sessions, dawn raid and audit assistance, and by preparing competition compliance policies.

• On-site dawn raid assistance
  Providing on-site dawn raid assistance in respect of EC and CMA dawn raids and conducting antitrust audits and mock dawn raids for companies across a variety of sectors, including financial services, chemicals, construction, and tobacco.
• Policies and training
  Preparing competition compliance policies and delivering training to companies and trade associations in various sectors with worldwide operations, (including banking, insurance, airlines, shipping, construction, packaging, tobacco, mining, oil and gas, pharmaceuticals, retail / consumer and automobile sectors).

Our experts assist clients in dealing with complaints including advising clients on making complaints to competition authorities as well as advising on how to defend third party interventions.

Complaint to the regulators

• Representing a client in making a complaint to the EC against a large global financial information provider for abuse of dominance for alleged illegal exclusionary practices. Ultimately, the complaint was not pursued by the regulator.
• Advising an international business on the submission of a cartel and abuse of dominance complaint to the French Competition Authority.
• Advising on an abuse of dominance complaint to the UK competition authority by a Scottish ferry operator, in relation to alleged predatory pricing engaged in by a competitor.

Complaint by former employee

• Advising a construction client on a complaint made by a former employee alleging several competition law breaches during his employment. This included detailed investigative discussions with the former employee, drafting a report on the allegations in the context of competition law and advising the client on steps to take as a result.

We have the expertise to advise on the UK's NSIA and global FDI regimes. We carry out complex multi-jurisdictional assessments and have a track record of securing the relevant clearances.

Please visit our Foreign Direct Investment service page for more information on how we can help.

We act for clients involved in market studies and investigations conducted by regulators, including advising on consumer and industry wide transparency issues and solutions.

• Loan syndication market study
  Advising a large global investment bank on the EC's loan syndication market study, including on likely areas of interest / concern for the EC and delivering training.
• Retail banking market investigation
  Advising a UK bank on the CMA's retail banking market investigation, including in relation to potential remedies to be imposed by the CMA and their implementation.
• Investigation into the home building sector
  Advising various large home warranty providers on the legality of the set up and development of an industry code following the UK Office of Fair Trading's (predecessor to the CMA) investigation into the home building sector.

We have a broad range of expertise in merger control matters and regularly advise clients on complex deals.

• EC merger filing – Phase I
  Advising a property management company on the merger control aspects of the sale of its interests in a joint venture for approximately €200 million, including carrying out a multi-jurisdictional assessment in respect of 50+ countries and securing a Phase I EC clearance decision.
• EC merger filing – Phase II
  Advising one of the largest global financial information services providers on the sale of its business to a major competitor, securing conditional Phase II clearances from the European Commission and US Department of Justice simultaneously as well as clearances in various other jurisdictions worldwide, (including Brazil, Canada, Singapore, Turkey and others).
• Merger filing to CEMAC
  Advising a global energy company on all competition-related aspects of two complex inter-conditional transactions, involving two merger filings to CEMAC and an approach to the Competition Regulatory Authority of Angola.
• Merger control in the context of insolvency
  Advising a France-based network infrastructure services provider active in the telecommunications sector on merger control and foreign investments regulations for the acquisition of certain assets of a French company specialising in the deployment and maintenance of telecommunication networks in the context of the insolvency procedures of this company.

Our lawyers advise on state aid, UK subsidy control and the EU Foreign Subsidy Regulation, including advising on investigations and appeals to the European Courts and securing relevant approvals from regulators for aids granted to organisations by governments.

• £40 billion guarantee by the UK government
  Advising a railway network on a £40 billion guarantee given by the UK government in order to enable Network Rail to raise fresh capital from international money markets to fund the management, maintenance and upgrade of the British railway network.
• Unlawful State aid
  Advising a multinational personal care corporation on an EC decision ordering the recovery of US$110 million of unlawful State aid.
• State aid complaints
  Advising a development corporation on, and working with the UK Department of Business Innovation and Skills to address, state aid complaints to the EC regarding funding of the conversion of the Olympic Stadium into a multifunctional sports facility.
• EU FSR advice
  Advising a global agricultural company on the implications of the EU's Foreign Subsidies Regulation.