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Competition Law

Competition Law

Anti-competitive behaviour is an increasingly global phenomenon. Witness multiple enforcement agencies in pursuit of companies around the world. Cases are bigger, steps taken to conceal activities more creative, and more and more businesses are affected by the actions of cartel members.

Our competition practice advises claimants and defendants (both individuals and institutions) on all aspects of competition law. We handle both Civil and Criminal investigations by the regulators and our low levels of conflict allow us to act for parties across all sectors. We are experts in managing investigations across a number of jurisdictions, carefully selecting the right overseas partners to work with us on behalf of our clients.

Competition claims

We treat a client's claim as an asset to be recovered. We use experienced economists, forensic accountants and financial analysts to investigate the claim and provide comprehensive risk assessments.

We have strong relationships with litigation funders and insurers who understand the nature of these actions best. Working together, we are able to help our clients secure packages that minimise their financial exposure.

Our practice is bolstered by our 80 strong fraud and complex litigation department, which focuses on asset recovery and is renowned for its ability to convert claims into a swift financial outcome. This gives us an edge in competition disputes and other commercial disputes where competition law may be an issue.

Competition investigations

Our defence lawyers advise businesses caught up in investigations into alleged competition law breaches, as well as individuals facing potential criminal sanctions or Director Disqualification. Our expertise as risk managers, understanding of the processes, and knowledge of the enforcement agencies means that we can advise Boards and individuals on how best to respond in any given situation.

Mergers and markets

We work with our corporate department to provide transactional competition law advice, including advice on the merger process, the use of tactical complaints, and, where required, applications for merger clearances. When market inquiries are launched, we make sure that key parties’ submissions are effective and targeted to reduce the risk of problematic outcomes.

Risk management

We work with our corporate clients to devise pro-active risk management strategies and compliance procedures and test their effectiveness through the use of "mock" dawn raids and business audits. A good compliance procedure manages risk but does not stifle growth and innovation. Our lawyers understand this dynamic and do whatever is best for each organisation.

Other services

We assist our real estate team with advice on restrictive covenants and state aid disputes.

When it comes to public contracts, we advise aggrieved bidders who want to challenge the outcome of procurement processes and the conduct of procuring authorities.

Sarah Houghton Partner

Meet the team

Work highlights

Work highlight

OFT investigation

Advising the successful immunity applicant in the OFT's investigation into infringements of the Competition Act 1998 in the Mercedes Benz commercial vehicle dealer network

Work highlight

UK Criminal Cartel Offence

Advising individuals in relation to the UK Criminal Cartel Offence and the UK Regulator's covert surveillance powers

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Potential breaches of Competition Law

Undertaking an internal investigation into potential breaches of Competition Law and advising on appropriate remedial steps and disciplinary action

Work highlight

Microsoft

Advising Microsoft in relation to its claim against various manufacturers of lithium batteries in the UK High Court for breach of EU and various domestic competition laws.

Work highlight

John Lewis Plc

Advising John Lewis Plc in relation to its claims against MasterCard and Visa in the UK High Court that the payment card schemes have illegally fixed the default multilateral interchange fee between issuing and acquiring banks.

Work highlight

Sainsbury's Supermarkets Ltd

Advising Sainsbury's Supermarkets Ltd in relation to its claim against MasterCard in the UK High Court and Competition Appeal Tribunal that MasterCard has illegally fixed the default multilateral interchange fee between issuing and acquiring banks. This was the lead case on interchange fees in the UK and highest ever competition damages award in Europe.

Work highlight

Vendor of a pharmaceutical company

Advising the vendor of a pharmaceutical company in relation to a breach of competition law warranty claim in the Commercial Court arising out of a CMA investigation into a possible abuse of dominant position by the target company.

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Major technology giant

Advising a major technology giant on competition recovery in Europe, as part of the Firm's role as strategic adviser on European recovery work.

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Advising a party

Advising a party in relation to the possible legal risks to it following the OFT's 2011 Decision fining pharmaceutical company, Reckitt Benckiser, for breach of the Chapter II Prohibition of the Competition Act 1998 (abuse of a dominant position) and the follow on damages claims brought in the UK High Court by the Department for Health and generic competitors.

Work highlight

Agrichemicals manufacturer

Advising an agrichemicals manufacturer in relation to competition law defences raised in a commercial contract defence in the UK Commercial Court.

Work highlight

Joint venture between two major oil companies

Advising a joint venture between two major oil companies in relation to its claim in the Chancery Division and Court of Appeal against the owner of a port alleging various abuses of a dominant position and related claims under the Landlord and Tenant Act 1954.

Work highlight

Private Motor Insurance sector

Acting for one of the main parties involved in the Private Motor Insurance sector inquiry