Andrij Jurkiw Partner

Contact Information

+44 20 3321 7068
andrij.jurkiw@mishcon.com

Personal Profile

Andrij is a Partner in the Firm's Litigation Department. He specialises in all aspects of UK & EU competition law and leads the Competition Team.

Andrij helps businesses that find themselves under investigation by the competition regulators: attending dawn raids; advising on defence strategies; assisting with responses to information requests; applying for leniency (where necessary); and making appropriate submissions. He also has experience of the use of covert intelligence sources by the regulators.

Andrij's work extends to helping businesses with their compliance strategies: reviewing/drafting suitable policies; undertaking audits of business units; providing advice to key executives on their duties; and testing the effectiveness of procedures for dealing with unannounced inspections by conducting "mock" dawn raids. With his extensive experience of dawn raids, Andrij is well placed to advise businesses on what to expect when the inspectors arrive.

On the contentious front, Andrij has been involved in a number of successful appeals to the CAT.  He has experience of complex litigation involving competition law claims, acting for both claimants and defendants.  Since joining the Firm, Andrij has been involved in a number of competition damages claims.

On the transactional front, Andrij regularly advises both buyers and sellers on merger control. He has significant experience of applying for merger clearances in the UK, the EU and in other jurisdictions (including the US and Russia). He has also dealt with a number of Phase II merger inquiries, involving problematic mergers.  Andrij is often asked to advise on the enforceability of potentially difficult contractual provisions and to propose alternative solutions where necessary.

Andrij has advised extensively on pricing practices (including rebates and benchmarking schemes) and has dealt with numerous allegations of predatory pricing. He has also advised on strategies for dealing with parallel imports.

He works across all sectors and has particular experience of the FMCG, food, building materials, basic chemicals, pharma, retail, technology and transport sectors.

Key Experience

Investigations
  • Defending parties accused of anti-competitive behaviour in numerous cases including the Toys Case, Independent Schools, Copper Plumbing Fittings, Aluminium Spacer Bars, Arriva/FirstGroup, Construction, Dairy Retail Price Initiatives, Mercedes Benz Commercial Vehicles
  • Appeals to the Competition Appeal Tribunal challenging findings of liability by the OFT, the level of the penalty imposed by the OFT and elements of the decision by the Competition Commission following a merger reference
  • Persuading the regulator to drop its case against a building materials company accused of price fixing and market sharing
  • Advising a generic pharmaceutical company involved in the EU Commission's investigation into settlement agreements relating to perindopril
  • Advising parties who are affected by the UK Regulator's covert intelligence powers
  • Advising individuals in relation to the UK Criminal Cartel Offence
Compliance
  • Preparing/amending compliance policies for various household name businesses in the UK
  • Undertaking "mock" dawn raids for numerous organisations and amending their procedures for dealing with inspections
  • Conducting internal audits of business units and providing strategic advice on remedial action in numerous sectors
  • Providing advice to executives on the UK Criminal Cartel Offence and Competition Disqualification Orders
Competition Litigation
  • Advising one of a number of co-accused defendants in respect of a stand-alone damages action claiming damages for breach of Article 101 TFEU and damages for collective abuse of dominance in breach of Article 102 TFEU
  • Advising claimants in respect of follow-on damages actions
  • Advising a party in relation to the potential risks it faced in relation to the damages claims against Reckitt Benckiser
  • Advising a chemical company claimant in relation to the successful rebuttal of competition law defences raised in the context of commercial litigation
  • Challenging the licensing terms for a patent pool of essential technology in the audiovisual equipment sector
  • Challenging the setting of standards in the technology sector and in the building materials sector
  • Challenging the refusal to grant access to an essential facility on FRAND terms
Mergers and Markets
  • Acting for one of the main parties involved in the Private Motor Insurance sector inquiry
  • Providing multi-jurisdictional merger control advice in relation to a transaction in the IT sector
  • Making submissions to the CMA in relation to the WGSN /Stylesight completed merger
  • Assisting a competitor with its submissions to the CMA in relation to the Japan Tobacco International/E-Lites proposed merger
Advisory
  • Advising landlords and tenants on the enforceability of restrictive covenants in property transactions
  • Advising airlines in respect of their complaints over non-regulated charges at Heathrow
  • Advising several market leading organisations on withdrawal of supplies from "problem" customers
  • Advice on information exchanges and benchmarking in the FMCG, insurance and retail sectors
  • Advice on rebate schemes and predatory pricing in numerous sectors
  • Advice on refusal of access to essential facilities
  • Advising in relation to long term exclusive supply arrangements in the technology sector
  • Advising in relation to complaints to the CMA alleging a variety of abuses of a dominant position
  • Advising on permissible restrictions relating to online selling in the EU
Procurement
  • Advising aggrieved bidders in relation to challenges to procurement processes in the healthcare, nuclear and business consultancy sectors
  • Advising on the merits of applying for interim injunctions to suspend a procurement process
State Aid
  • Advising as to whether particular types of funding for major development projects constitute state aid
  • Making complaints to the EU Commission alleging payments of unlawful aid
  • Defending allegations of payments of unlawful aid
Trade
  • Advising parties who are the subject of anti-dumping investigations
  • Advising on the impact of EU sanctions/trade defence measures and potential challenges

Career History

Partner, Head of Competition Team at Mishcon de Reya LLP
Partner, DLA PiperPartner, Burges Salmon
Associate/Partner, Simpson Curtis (now known as Pinsent Masons)
Solicitor, Alexander Tatham (now part of Eversheds)
Solicitor, Hammond Suddards (now known as Squire Patton Boggs)
Articled, Slater Heelis