Acted for Abu Dhabi National Oil Company on key antitrust issues relating to its $5.8bn sale of a 35% stake in its refining business to European oil and gas players, ENI and OMV. National laws (N-Lex) Access the official databases of national legislation in 27 EU countries. While the London legal market is quite crowded, NRF’s competition team (and Ian Giles specifically) stands out for their out of the box/ complex, but at the same time business-friendly, solutions. The emphasis on work being partner led supports them being focused on the matters and issues that make the most difference to case outcomes. [4] They found that Grundig, a German manufacturer of household appliances, acted illegally in granting exclusive dealership rights to its French subsidiary. Risk management specialist John Cassels now leads the practice; former postholder Charles Whiddington left to join Steptoe & Johnson LLP in Brussels. Nicholas Pimlott has a track record of work handling regulatory issues in the telecoms sector. Acted for Gamma Telecom in relation to an appeal to the Competition Appeal Tribunal against Ofcom’s decision in the Business Connectivity Market Review 2016. Superb service and  timely deliveries.’, ‘Douglas Lahnborg combines excellence in in-depth legal skills and how to deal with relevant authorities with a cooperative, positive and hands-on dealing with the client. The Bundeskartellamt, Firm Directory. Technically, he is very strong, but more importantly for us, he also has the ability to apply his knowledge to the specific commercial context and discern what the real risk is for the client. The department focuses on multi-jurisdictional work and acts for an enviable roster of global corporations; its efficiency is further enhanced through its access to the firm’s global network comprising over 200 competition lawyers worldwide. AG provides high calibre antitrust advice without the arrogance of some of its intellectual and technical peers. It includes two sub-tracks: EU Economic and Competition Law and The EU in a Global Legal Context. Over the years, it has been a real pleasure to work on matters with Ajal because he works in a collaborative way and is very down to earth.’, ‘The practice is very strong in M&A/merger control, particularly with a private equity flavour. 'Very experienced and trustworthy' practice head Douglas Lahnborg has a strong track record of experience before the CMA as well as the European Commission. Hogan Lovells International LLP’s recent workload testifies to its strength in merger control matters; a team led by Ciara Kennedy-Loest acted in conjunction with the Washington DC- and Brussels offices in assisting IBM with the global merger clearance aspects of its $34bn acquisition of Red Hat Inc. The ‘excellent’ antitrust team at Shearman & Sterling LLP handles a broad variety of matters relating to merger control, investigations, state aid and competition litigation. The majority of the team split their time between London and Brussels; Oliver Bretz, Gavin Robert, Marie Leppard and Sarah Long are the key contacts. The team’s strong suit on the abuse of dominance and cartel investigations front also stands out, particularly in the pharmaceutical sector; with practice head Ros Kellaway and Julia Woodward-Carlton noted for this work. Within the Romanian Competition Authority, there also are since 2011 the Railway National Council (Consiliul Naţional de Supraveghere din Domeniul Feroviar)[103] and since 2017 the Naval Council (Consiliul de Supraveghere din Domeniul Naval)[104] These two structures have exclusively supervisory and regulatory functions. ‘We can always rely on John Schmidt to help us identify and structure pragmatic solutions that enable the business to operate successfully within a complex legal environment.’. The competition team, which is headed by the 'knowledgeable, patient and cool under pressure' Paula Riedel, benefits from the firm’s established reputation in the private equity space. Sarah Jordan, Sally Evans and recently promoted partner Annie Herdman are also noted. Acting on both UK and EU issues, Willkie Farr & Gallagher (UK) LLP is adept at handling a wide range of matters including merger control, antitrust cases and investigations. Other sector-specific expertise include aviation, commodities, insurance, ports and terminals, and logistics, among others. Toby and team really take the time to understand the nuances of the business, the delicate business aspects of the proposed transaction, and have a real gift of clear communication. They consistently impressed with the quality of work and are commercial, pragmatic and innovative thinkers. This website uses cookies to improve your experience while you navigate through the website. [71] To substantiate a claim on efficiency grounds, the Commission's Guidance states that four cumulative conditions must be satisfied:[72]. Jenine Hulsmann; Nelson Jung; Alex Nourry; Jennifer Storey, ‘Very experienced lawyers. Oliver Bretz; Gavin Robert; Marie Leppard; Sarah Long; Natalie Greenwood; Becket McGrath, ‘Exceptional expertise, excellent value for money, proven results and high profile professionals’, ‘ A very thorough, professional, well connected firm that is very dedicated to its clients and with proven achievements’, ‘Oliver Bretz is a long time recognised star of competition law in the EU. [115] As the European Union is made up of independent member states, both competition policy and the creation of the European single market could be rendered ineffective were member states free to support national companies as they saw fit. Christopher Graf is also noted. [139] However, a recent book argues that this position is erroneous and that other Member State and European Union public policy goals (such as public health and the environment) should also be considered there. Assisting Studio Retail Group with securing CMA approval for its sale of Findel Education to YPO. EU Council Regulation 1/2003[8] places National Competition Authorities and Member State national courts at the heart of the enforcement of Arts 101 & 102. Represented iZettle, a Swedish financial technology company, in connection with the UK CMA’s Phase II investigation of the company’s acquisition by PayPal. Advising Unilever on a number of merger control and other competition matters, including advice on the sale of its French baking and dessert preparation business to Dr. Oetker. His communication skills and persuasive writing style are off the charts. Advised RWE Generation UK in judicial review proceedings in the High Court in relation to the suspension of payments under the GB electricity capacity mechanism. Where a dominant firm deliberately reduces prices to loss-making levels in order to force competitors out of the market. Assisting Walpole Institute with formulating consultation responses and position papers in the EU Commission’s consultation on reforms to EU distribution law. The team’s merger control work boasts additional credibility due to the experience gained by multiple team members in roles at the former Office of Fair Trading. Another key facet of the group’s work involves advising clients on their global competition strategy and assuming a multi-jurisdictional coordinating role. Advised GlaxoSmithKline on the overhaul of its pharmaceutical distribution in the UK, moving away from a direct-to-pharmacy model to a reduced-wholesaler model. Judith Zahid to Present on Foreign Evidence in U.S. Available at SSRN: Loewenthal ‘The Defence of “Objective Justification” in the Application of Article 82 EC’ (2005) 28 World Competition 455, Case T-30/89 Hilti AG v Commission [1991] ECR II-1439, OJ L15/14, amended by Directive 2002/39/EC of 10 June 2003, OJ 2002 L176/21, Learn how and when to remove this template message, Post-Brexit United Kingdom relations with the European Union, Treaty on the Functioning of the European Union, east-central European new market economies, Wouters v Algemene Raad van de Nederlandsche Orde van Advocaten, SA Brasserie De Haecht v Consorts Wilkin-Janssen, Pronuptia de Paris GmbH v Pronuptia de Paris Irmgard Schillgalis, Societe Technique Miniere v Maschinenbau Ulm GmbH, Musique Diffusion Française SA v Commission, Javico International and Javico AG v Yves Saint Laurent Parfums SA, L.C. Following the introduction of the Enterprise Act 2002 the Office of Fair Trading[99] was responsible for enforcing competition law (enshrined in The Competition Act 1998) in the UK. The team is ‘focused on providing pragmatic solutions’ in relation to merger clearance, investigations, compliance and procurement matters, primarily working with clients in the retail, transport and regulated sectors. Euan can provide outstanding guidance on strategic and tactical issues.‘. POPULAR ARTICLES ON: Anti-trust/Competition Law from United States. Advising Cummins on competition matters, including merger control advice in respect of potential transactions and contract review. The team has recently seen an uptick in instructions concerning cartel investigations, regulatory issues and general competition consultancy. Another legal battle is currently ongoing over the E.ON-Endesa merger, where the Commission has been trying to enforce the free movement of capital, while Spain firmly protects its perceived national interests. Due to recent expansion of the firm’s presence in Dublin, the London-based team is increasingly being instructed on Brexit-related issues. Core areas of focus for Taylor Wessing LLP's competition team include merger filings, investigations, state aid and compliance. The actions of the Romanian Competition Authority in 2017 lead to savings for consumers ranging between 284 and 509 million lei (approximately between EUR 63 and 113 million), while in 2018 the values were similar, between 217 and 514 million lei, according to estimations using a methodology developed by the European Commission. Peter Scott chairs the global antitrust group, while Ian Giles heads up the UK-based department. Article 101 TFEU's goals are unclear. Peter Harper; Lesley Farrell; Rod Lambert; Julia Woodward-Carlton, ‘The team combines top quality advice with a search for pragmatic solutions. Its predecessor was established in the 1950s. All companies acknowledged their involvement and agreed to settle the case. But though the law cannot hinder people of the same trade from sometimes assembling together, it ought to do nothing to facilitate such assemblies; much less to render them necessary. One of the best teams you can find on the London legal market. Assisting John Sisk & Son with competition compliance advice. He is very good at challenging and stress testing the legal and economic approach to ensure it is as robust as possible.’. The experience of partners such as Oliver Bretz and Gavin Robert means that the firm deliver very high quality advice at a relatively low cost.’. This website uses cookies to improve your experience. In addition, the European Commission may impose a fine pursuant to Article 23 of Regulation 1/2003. To violate TFEU article 101, undertakings must then have formed an agreement, developed a "concerted practice", or, within an association, taken a decision. [75], For example, in 2001, the EU blocked the merger between General Electric and Honeywell, although it has already been cleared by the American authorities. The lawyers are friendly and calm, and get results; they seem to have an infinite production-line of excellent associates coming through, so the firm can staff work at appropriate levels.‘, ‘The practice has a depth of knowledge and experience in competition law. Acted for Post Office on the acquisition of Payzone Bill Payments from Payzone UK. Practice head Jeremy Robinson has niche expertise in the area of offshore wind projects, as well as the overlap of competition law with aviation regulation. If the firm is not the first to denounce its existence, it gets a 50% reduction in fines. Sarah Jordan; Sally Evans; Annie Herdman; Thomas Wilson; Mark Gardner, ‘The team has a very good understanding of the antitrust implications that need to be considered for any potential or completed transaction. ‘Great day-to-day competition advice from Simon Barnes without the cost of a Silver Circle or Magic Circle firm.’, ‘Simon Barnes is expert and pragmatic.’, ‘The team is available, responsive and able to provide pragmatic advice, taking a risk-based approach, which is exactly what we look for for our external firms.’, ‘Simon Barnes is extremely knowledgeable and able to provide practical, pragmatic advice in a non-legal manner that is easy for the business to digest.’, ‘As a smallish team, it’s easy to develop strong and deep relationships with the lawyers.’, ‘I particularly like the honesty of the lawyers – what they know/need to research – and that they explain their thinking as they go along.’, ‘Simon Barnes is intellectually very bright, and able to find good solutions. [16], Mergers can take a place on a number of basis. But opting out of some of these cookies may affect your browsing experience. His experience in the broadcast arena also provides interesting insights into tech and telecoms.’, Telecommunications Regulatory Authority of Bahrain. Nevertheless, the European Commission has almost all avenues of investigation at its disposal, which it may use to investigate and track down violations of competition law. This includes both horizontal (e.g. He is the standout individual in the department, highly noted both for his work ethic, knowledge of European law and superb people skills.’, ‘Depth of experience in competition law. The ECJ held that the competition laws in this instance were not applicable. [58] From this, it can be inferred that behaviour that is abnormal – or not ‘on the merits’ – and therefore amounting to abuse, includes such infractions as margin squeezing, refusals to supply and the misleading of patent authorities.[59]. DAC Beachcroft advises a well-balanced mix of public and private sector clients on issues concerning complex state aid issues and competition compliance. To all these challenges, the Commission has responded with a strategy to decentralise the implementation of the Competition rules through the so-called Modernisation Regulation. The Hogan Lovells’ team are dedicated to delivering clear and balanced advice. 385-422 . Leading ECJ cases on competition law include Consten & Grundig v Commission and United Brands v Commission. Robert Vidal is a hugely experienced lawyer in the life sciences competition field. The wording of Reg 17/62 was developed in a pre Van Gend en Loos period in EC legal evolution, when the supremacy of EC law was not yet fully established. Trustworthy, proactive and always seek to find the best solution for the client.’, ‘Matthew Rose combines in-depth legal and technical skills in an excellent way and has an unique oversight and stays on top of the issues at hand. Greens frustrated with slow pace of talks on European climate law. The department’s reputation in this field is second to none.‘, ‘Slaughter and May’s competition team comprises incredibly committed, intelligent, responsive and creative lawyers. What makes the firm quite exceptional in my opinion is the fact that they provide valuable commercial and business insight/advice and solutions.’, ‘Marta Isabel Garcia is exceptionally amazing in communicating all legal matters related to the competition issues we have been facing – she has played a key role in advancing and changing the company’s business model and helping us ensure that we act within the law and combat the anti-competitive behaviours that we have faced in the industry we are in.’, ‘It has been an absolute joy to work with the firm and due to the positive results we have had in working with them over the years, they have proven to be highly qualified and valuable to our success.’, ‘Responsive, pragmatic and commercial.’, ‘Marta Isabel Garcia is exceptionally good – responsive, commercial and intelligent. Mark Simpson – strong antitrust lawyer with extensive knowledge of the Telco sector. Associate Ian Hastings joined from Simmons & Simmons in January 2020. In short, they have a stand out team. Sam Szlezinger; Alexandra Kamerling; Sarah Smith. Sectors in which the firm has expertise include financial services, TMT, energy and technology, among others. He is easy to get in touch with, quick to respond and really is particularly pragmatic in his approach.’, ‘I found each person I worked with within K&L Gates to be professional and knowledgeable on each aspect of our agreement. Exceptional knowledge. One of the most spectacular sector inquiry was the pharmaceutical sector inquiry which took place in 2008 and 2009 in which the European Commission used dawn raids from the beginning. The court went on to say, "to authorise individual undertakings to compete with the holder of the exclusive rights in the sectors of their choice corresponding to those rights would make it possible for them to concentrate on the economically profitable operations and to offer more advantageous tariffs than those adopted by the holders of the exclusive rights since, unlike the latter, they are not bound for economic reasons to offset losses in the unprofitable sectors against profits in the more profitable sectors. Thirdly, the Commission has also introduced a collection of block exemptions for different contract types. Advising Formula One Management on licensing policies, in particular restriction on sales channels and pricing issues. The ‘very strong competition practice’ at Burges Salmon LLP is led by Chris Worrall, who splits time between Bristol and London. Her advice is always to the point and super useful. Advised JD Sports on the merger control aspects of JD Sports’ £90m acquisition of Footasylum. Advising global pharmaceutical company Alvogen in relation to the antitrust elements of its divestment of its Central and Eastern European business to Zentiva Group. Advising Eurochem Group on merger control and competition law issues on a global collaboration with a key competitor. He has enormous experience and impeccable judgement. Clifford Chance LLP's  ‘very commercial and pragmatic team' remains one of the most active players in the merger control space, leveraging its global strength to advise on international matters. Investigations conducted by the authorities in the UK and the EU are also strengths for the group. Department head Matthew Readings is praised for being ‘a great team leader’. He commands the respect of his team and client and is exceptional.’, ‘Rahul Saha is an excellent technical lawyer and clearly a talented solicitor.’, ‘Philipp Girardet is first class – his advice is sharp, pragmatic, commercial and cuts to the heart of the issue. The practice focuses on merger control, investigations and commercial agreements. Arnold & Porter’s traditional firmwide strength in the pharmaceutical sector offers a platform for the London-based group to handle a significant volume of mandates in this space, particularly in relation to issues arising at the junction of IP, competition and regulatory issues. Article 102 is aimed at preventing undertakings that have a dominant market position from abusing that position to the detriment of consumers. Advising FFL Partners on the European merger control aspects of the sale of its portfolio company Icynene-Lapolla from an affiliate of FFL Partners, LLC. Exceptionally hard working as well. Article 106(2) of the TFEU states that nothing in the rules can be used to obstruct a member state's right to deliver public services, but that otherwise public enterprises must play by the same rules on collusion and abuse of dominance as everyone else. Representing Stonegate Pub Company in its public bid for EI Group, aiming at the formation of the largest owner and operator of pubs in the UK. The first firm to acknowledge their crime and inform the Commission will receive complete immunity, that is, no fine will be applied. Advised a leading listed manufacturer in relation to EU merger control issues arising in the context of its acquisition of a majority shareholding in a significant strategic target. Bird & Bird LLP has extensive experience of handling competition law issues which overlap with IP law and regulation in network industries. "[43] Under EU law, very large market shares raise a presumption that a firm is dominant,[44] which may be rebuttable. The amount of compensation that these victims are foregoing is in the range of several billion Euros a year. The European Union Law track within this LL.M. We'll assume you're ok with this, but you can opt-out if you wish. Very experienced and good at finding strategic and practical solutions. Its varied client roster includes global financial institutions, private equity firms, and public and private companies. As part of a wider practice comprising competition experts spread across four continents, the London group also focuses on multi-jurisdictional merger control and competition litigation. The issue was further considered in Albany International[121] Albany was a textile company, which found a cheap pension provider for its employees. The ECJ held that, "To entrust to an undertaking which markets telephone equipment the task of drawing up specifications for such equipment, of monitoring their application and granting type-approval in respect thereof is tantamount to conferring on it the power to determine at will which equipment can be connected to the public network and thus gives it an obvious advantage over its competitors which is inimical to the equality of chances of traders, without which the existence of an undistorted system of competition cannot be guaranteed. The EU's rules on competition are designed to ensure fair and equal conditions for businesses, while leaving space for innovation, unified standards, and the development of small businesses. Provided competition (merger control) advice to Star Bulk on the acquisition of 11 dry bulk vessels from Delphin Shipping LLC in a shares and cash transaction. They listen and are very capable in finding business practical solutions. Merger control specialist Simon Neill leads the department; legal director Katherine Kirrage is also noted. The department has placed itself at the forefront of multiple significant mergers in the UK market including those in the technology sector. Advising Raytheon on the global antitrust and foreign investment control aspects of its $74bn combination with United Technologies in a merger of equals. However, a coincidental increase in prices will not in itself prove a concerted practice, there must also be evidence that the parties involved were aware that their behaviour may prejudice the normal operation of the competition within the common market. Easy to work with. In its 2005 report, the OECD lauded the modernisation effort as promising, and noted that decentralisation helps to redirect resources so the DG Competition can concentrate on complex, Community-wide investigations. The ‘simply incredible’ Nicole Kar heads up the UK competition group, while Christian Ahlborn ‘manages large teams very well’ and serves as global competition group chair. Simon Pritchard is a key contact for Phase II merger investigations. He has a solid understanding of what is important to our business, is never flustered and always right.  He’s an outstanding merger control expert and impressively hard-working. This exemption applies to small companies, together holding no more than 10% of the relevant market. He quickly became familiar with the competition considerations applicable to our business and provided tailored, practical advice that adds real value to our decision-making.‘. [27] However, in Genccor Ltd v. Commission, the Court of First Instance(now the General Court) stated that it does not matter where the merger takes place, as long as it has an impact within the community, the regulations will apply. It was intended to strike a balance between competition and continued quality service. I can highly recommend them to all other clients. A true merger, under to competition law, is where two separate entities merger into an entirely new entity, or where one entity acquires all, or a majority of, the shares of another entity, and is able to have control over that entity. [87] This uncertainty acts as a powerful deterrent and ensures that companies are unable to undertake a cost/benefit analysis before breaching competition law. The group is active at the UK and EU level, and routinely handles multi-jurisdictional mandates by drawing on the expertise of the practice's extensive worldwide network. Acting for Lupin in its long-running appeal against the European Commission’s anti-trust decision in the perindopril investigation. This category only includes cookies that ensures basic functionalities and security features of the website. Greg provides practical and efficient advice. Whilst there are no statutory defences under Article 102, the Court of Justice has stressed that a dominant firm may seek to justify behaviour that would otherwise constitute abuse, either by arguing that the behaviour is objectively justifiable or by showing that any resulting negative consequences are outweighed by the greater efficiencies it promotes. He has a very good understanding of the law and of global trends and is pleasant to work with. RTT sued them, demanding that GB inform customers that their phones were unapproved. Any "undertaking" is regulated, and this concept embraces de facto economic units, or enterprises, regardless of whether they are a single corporation, or a group of multiple companies linked through ownership or contract.[79]. James Webber; Mark Steenson; Özlem Fidanboylu, ‘Matthew Readings is excellent: a great team leader, very commercial, strong technical skills, an asset on any case.’. Toby is the guy you want to put in front of the European Commission and your board of directors.’, ‘Toby Caspary and team are by far and away the most client-focused antitrust team I’ve worked with globally. They guarantee active partner engagement and focus on securing great outcomes and giving crystal clear advice (they do not sit on the fence). These gives them exceptional insight into a complex area, with many competition elements.’, ‘Lambros Kilaniotis and Melanie Musgrave bring extensive industry and competition experience to the fore, which combined with their increasing knowledge of our organisation means that they provide valuable advice is pertinent, relevant and appropriate.’. ‘I have been privileged to build a working relationship with the team for many years. EU Teva investigation shows IP’s competition law issues aren’t limited to patent litigation settlements. ESMT White Paper No. The department is praised for its ‘extensive knowledge and experience in competition law in the shipping sector’; Marjorie Holmes is a standout practitioner in this space. He is very experienced, knowledgeable and client-oriented. ‘Dickson Minto is a very pragmatic team and able to quickly adapt to changing circumstances. [78], Possibly the least contentious function of competition law is to control cartels among private businesses. Acting for Peabody Energy Corporation on the merger control aspects of its joint venture with Arch Coal.