Competition
Antitrust investigations
Advised on a CMA criminal and civil cartel investigation, for which the client was the whistle-blower. Advised on a wide range of issues including conduct of internal investigations, applying for leniency, duty of cooperation with the CMA, application of criminal cartel offence and recidivism issues.
Advised a leading private equity firm and one of its significant portfolio companies (itself a leading operator in its own market) in relation to a CMA cartel investigation. Successfully secured Type A immunity for the company.
Advised an international bank on a European Commission cartel investigation, including applying for leniency before the Commission and responding to the Commission’s Statement of Objections.
Advised a national software solutions business (previously active in the payment systems sector) on the Payment Systems Regulator's first ever UK Competition Act 1998 investigation using its concurrent powers. This included providing “on-the-spot” dawn raid assistance.
Merger control
Advised a leading provider of health and social care services in the UK on the merger control aspects of its acquisition of a portfolio of care homes from Bupa and securing a Phase I clearance from the CMA.
Advised a property management client on the merger control aspects of its interests in a joint venture in relation to the Chapelfield shopping centre in Norwich and securing a Phase I Commission clearance decision.
Advised Groupe Eurotunnel on its (ultimately blocked) acquisition of a number of ferries previously owned by SeaFrance operating between Dover and Calais. This included advising on jurisdictional issues, CMA Phase 1 and Phase 2 reviews, remedies implementation and the remittal process.
Contentious work
Advised Groupe Eurotunnel on its two appeals to the Competition Appeal Tribunal, arising from the Eurotunnel/SeaFrance merger investigation, as well as onward appeals to the Court of Appeal and Supreme Court.
Advised a consortium of oil majors on the competition law aspects of a judicial review against the implementation by Heathrow Airport of rules which attempted to impose potentially anti-competitive information-sharing obligations on our client.
Commercial agreements
Advised a leading carbonated drinks provider on the application of competition law to its commercial arrangements with its customers, with particular emphasis on the need to avoid any behaviour that could amount to an abuse of a dominant market position.
Advised clients in the science and technology sectors on the inclusion of “most-favoured nation” clauses in contractual arrangements with third parties.
Provide general advice to clients on issues such as distribution agreements, arrangements with trade associations, abuse of dominance, joint venture arrangements and information-sharing.
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