We have acted across a wide range of competition law disputes and have a recognised track record in this complex and developing area of law. Our competition litigation practice builds on the foundations of the firm's competition law practice and its reputation for successful challenges to, and appeals from regulatory decisions, together with judicial review applications against unfair or flawed regulatory decision-making.
Market Developments
We have been an integral part of the development of private competition litigation policy in Europe including working with policy makers in the development of the European Commission's private actions reforms and the UK's new antitrust class action regime. We defended the first EU Commission follow-on action and acted for the claimant in the first UK OFT follow-on action. We are also acting for clients in competition litigation actions in Europe, including in France, Germany, Italy and Spain. We have also acted successfully for clients in class actions across a wide range of industries, particularly in Australia. We provide pragmatic, client-focused advice and have developed business-focused strategies on anticipating and responding to the many challenges of follow-on litigation.
A dedicated global team
Our expert global competition litigators provide practical solutions to complex legal problems, drawing on their experience in many of the most significant and high profile cases before the courts. Our integrated global team can assist with forum selection and with cases brought in multiple jurisdictions.
Our track record
We have acted in an extensive number of competition private litigation matters and follow on actions and have built up an excellent track record of experience in this complex area of law.
Examples include acting for:
- Sanofi Aventis in defending the first UK follow on claim from an EU infringement decision, including successfully resisting claims for exemplary damages, restitution and account of profits before the High Court and Court of Appeal in the Devenish Nutrition case.
- Healthcare at Home in the first UK follow-on action from san OFT decision.
- Total in relation to damages claims following the European Commission decisions in the Dutch bitumen cartel case and the Candle waxes cartel case.
- Mittal Arcelor in relation to a renewed Article 101 procedure following the annulment by the ECJ of the fine in the Steel Beams cartel case.
- Virgin Media before the Competition Appeal Tribunal in relation to the appeals against Ofcom’s pay TV statement.
- Greiner Holding AG on private competition damages action brought in the English High Court by a number of European mattress makers in respect of the Polyurethane Foam Cartel.
- Pirelli in relation to claims concerning the energy cables cartel brought by Vattenfall before the High Court of Justice in London.
We have a preeminent regulatory appeals litigation practice acting in some of the most high profile mandates including:
- Imperial Tobacco in its successful appeal to the CAT against the OFT’s decision to impose a fine of £112m in respect of its trading agreements with retailers.
- Royal Bank of Scotland on its successful appeal before the Competition Appeal Tribunal of the OFT infringement decision in relation to the MasterCard credit card scheme.
- Intel in its appeal to the European General Court against the Commission’s decision to impose a fine in excess of €1bn for alleged abuse of dominance.
- Crest Nicholson on its appeal to the Competition Appeal Tribunal of the OFT’s decision in the construction bid-rigging case, which resulted in a very substantial reduction in the fine payable.
- European Broadcasting Union on the successful defence of its Eurovision systems and obtaining an unconditional clearance from the Commission after years of complex litigation.
- The Luxembourg Government in relation to the judgement handed down by the General Court of the European Union in the Amazon EU SARL case.
