Competition Litigation

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