Competition Litigation

Our first class litigation and dispute resolution skills, coupled with our leading-edge competition law expertise, enable us to handle complex competition litigation matters. Our Competition Litigation group of cross-disciplinary specialists comprises lawyers from our Competition and Dispute Resolution practices. It is made up of eight partners and an adviser on regulated industries, Christopher Wright.

Together, we have extensive experience in appeals against decisions of competition and regulatory authorities. We act in competition litigation before English and other national courts, the General Court and the Court of Justice.

We are at the cutting edge of the current increase in private actions, acting in ground-breaking competition litigation before the English and European Courts. We also coordinate cross-border antitrust litigation strategies with the practices of our 'Best Friends' in other major jurisdictions.

Working with lawyers from our Intellectual Property group, we have recently also played an innovative role in developing competition law defences to patent infringement actions in the UK Courts.

Partner Contacts

We advise and represent clients before competition authorities and courts in respect of cartel, behavioural and merger cases. We have advised, in the following fora:

OFT:

  • British Airways on the investigations (and related class actions) concerning passenger fuel surcharges

Competition Appeal Tribunal:

  • Boots as an intervener in Celesio’s challenge to Boots’ merger with Alliance Unichem
  • Asda in relation to Tesco’s judicial review of the CC’s proposed remedies in the groceries market investigation
  • Capital Meters in support of Ofgem in a behavioural case involving National Grid

High Court:

  • British Airways, where we successfully defended an attempt to import a US style class action into the UK via the EC’s investigation into air freight
  • Cable & Wireless Communications in defeating substantial claims brought against it by its Caribbean competitor, Digicel
  • Royal Mail and Ordnance Survey in Article 102 proceedings

Regulatory enforcement:

  • Thames Water and others on Ofwat enforcement actions
  • Royal Mail in the High Court in regulatory appeals and judicial review

The General Court (ex CFI) and Court of Justice (ex ECJ):

  • My Travel in its challenge to the EC’s prohibition of its merger with First Choice (which was annulled) and its subsequent claim for damages
  • Sony BMG in the Impala case which challenged the EC’s clearance of the SonyBMG joint venture; the Court of Justice dismissed the appeal

Multi-jurisdictional claims:

  • Unilever, with our 'Best Friends' in a number of jurisdictions, in relation to claims for damages and other relief arising from distribution practices in the impulse ice cream market