Rob Murray, Partner, Dispute Resolution

Rob Murray

Partner

Personal Profile

Rob is a highly experienced Partner firm's Dispute Resolution department, specialising in competition damages claims. He represents high-profile clients in several leading competition damages claims in the English Courts, including representing Sainsbury’s in its precedent-setting claim against Mastercard in the CAT, Court of Appeal and Supreme Court. He recently advised Europe’s largest consumer electronics retailer, MediaSaturn, on its successful defence of a strike out application made by Toshiba and Panasonic in relation to the CRT Cartel, and the European Commission in its defence of a £1.55 billion damages claim brought by UPS in response to its merger decision blocking UPS’s acquisition of TNT in 2013. Rob also represented Gina Miller in her successful challenge in the Supreme Court to the Prime Minister’s recommendation to the Queen to prorogue Parliament.

He is widely regarded as being at the forefront of his practice area and was recently named as a “Thought Leader in Competition 2019: Plaintiff” by Who’s Who Legal. He is ranked as a Leading Individual in Legal 500 and Chambers.

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.

 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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