Rob Murray, Partner, Dispute Resolution

Personal Profile

Rob is a partner in the firm's Dispute Resolution department. He specialises in competition law damages claims.

Rob has represented clients in leading competition damages claims in the English High Court and Court of Appeal and the Competition Appeal Tribunal (CAT). He is ranked as a Leading Individual for Competition Litigation Chambers & Partners 2017 and in Legal 500 2018. "Mishcon de Reya LLP has established 'a stellar reputation' in the competition litigation space, principally for acting in high value damages claims.  The group is led by the 'creative and strategically excellent' Rob Murray, who is currently representing Microsoft in its cartel damages claim against Sony, Samsung, Panasonic, Sanyo and LG Chem arising from a global battery cartel.  He also represented Sainsbury's against MasterCard in its claim before the Competition Appeal Tribunal, recovering £70m in damages for the client in relation to interchange fees". Rob represents numerous other major businesses in similar claims against MasterCard and Visa and also represents Microsoft in its first cartel damages claim. He has been involved in the achievement of international settlements worth more than $500 million, including in relation to the BA/Virgin international air passenger fuel surcharges cartel, industrial copper tubing, LCD and CRT and DRAM cartels. Rob is currently advising clients in relation to claims in the retail, transport and energy sectors.

Rob has considerable experience in helping clients transfer the financial and commercial risks of damages actions, often against key on-going suppliers/commercial partners. This includes acting on the basis of a success fee or contingency fee, often combined with extensive third party "After the Event" (ATE) insurance, against "loser pays" and disbursement costs, and/or third party litigation funding arrangements.

Rob has also advised businesses in making complaints to national competition regulators and DGComp of the European Commission. He also has extensive experience of defending businesses that have been subject to "dawn raids" and other investigations in relation to alleged cartel activities and abuses of market power.

Rob was one of the two lead partners who represented Gina Miller in her successful challenge in relation to the Government's power to serve the Article 50 Notice commencing the Brexit process.  The Supreme Court ruling continues to frame the constitutional debate.  Rob is advising a leading multinational retailer on its Brexit planning and on many other Brexit related issues.

In relation to commercial agreements and transactions, Rob has advised parties to EU and UK mergers and, as a Reporting Panel Member of the UK Competition Commission, investigated and ruled on several Second Phase UK mergers such as British Salt, Heinz/HP and Svitzer/Adsteam. He has also advised on a wide range of commercial contracts.

Rob is Treasurer of the European Maritime Law Organisation, a member of the Steering Committee of the European Competition Litigation Forum and a member of the Competition Law Forum. He is also a former Reporting Panel member of the UK Competition Commission.

Key Experience

  • Representing Gina Miller in the Article 50 Brexit Notice proceedings in the High Court and Supreme Court
  • Representing Microsoft in relation to its stand-alone damages claim in the High Court and in arbitration in relation to losses suffered as a result of global price fixing of re-chargeable batteries
  • Representing Sainsbury's in the Court of Appeal and in the Supreme Court in relation to its claim against MasterCard that MasterCard has illegally fixed the default multilateral interchange fee between issuing and acquiring banks
  • Representing Ocado in its damages claims against MasterCard in the High Court
  • Advising John Lewis plc on its claims against MasterCard and Visa
  • Advising ESSO and other major businesses in their damages claims against MasterCard and Visa in the High Court
  • Representing MediaSaturn Holdings GmbH in its damages claims in relation to the CRT in the High Court and LCD cartels
  • Advising in relation to Merson I-IV in the CAT and Court of Appeal
  • Acting in relation to Toshiba Carrier in the High Court and Court of Appeal
  • Advising in the case of Emerald Supplies v BA in the High Court at first instance
  • Advising in relation to the BA/Virgin international air passenger fuel surcharges settlement
  • Acting on the Marine Hose/Parker iTR global settlement
  • Advising Oracle/Sun and Micron in the global DRAMs cartel
  • Experience of group actions in the US (class actions and "Opt Out" actions), the High Court and the CAT

Career History

Partner, Mishcon de Reya LLP
Partner, Head of European Antitrust Recovery Practice, Crowell & Mooring (London Office)
Managing Partner, Cohen, Milstein, Hausfeld and Toll (London Office)
Competition Commission Reporting Panel Member
Partner, Head of UK Competition Law, DLA
Director, K Legal
Partner, Bond Pearce
Articled to senior associate – Clifford Chance, (London and Brussels offices)
LLM in International and Comparative Law, Magna Cum Laude, Vrije Universiteit, Brussels
BA in Jurisprudence, University of Oxford

Articles and Publications

  • The Article 50 Legal Challenge: clarifying the UK's constitutional requirements to start Brexit; Constitution in Crisis, The New Putney Debates, I.B. Tauris, 2017
  • Competition Law Journal March 2013 – Opportunities and pitfalls of litigating cartel damages claims in different fora in the UK: the cases of Emerson IV,      Toshiba Carrier and Bord Na Mona, with Jon Turner QC and Derek Spitz

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