United Kingdom > London > Corporate and commercial > EU and competition
Index of tables
EU and competition
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EU and competition: Trade, WTO, anti-dumping, customs
Leading individuals
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- David Aitman Freshfields Bruckhaus Deringer LLP
- Sir Christopher Bellamy QC Linklaters LLP
- Oliver Bretz Clifford Chance
- Rod Carlton Freshfields Bruckhaus Deringer LLP
- Philippe Chappatte Slaughter and May
- Martin Coleman Norton Rose LLP
- Michael Cutting Linklaters LLP
- John Davies Freshfields Bruckhaus Deringer LLP
- Eamonn Doran Linklaters LLP
- Mark Friend Allen & Overy LLP
- Philipp Girardet SJ Berwin LLP
- Andrea Gomes da Silva Freshfields Bruckhaus Deringer LLP
- Simon Holmes SJ Berwin LLP
- Suyong Kim Hogan Lovells International LLP
- Stephen Kon SJ Berwin LLP
- Jon Lawrence Freshfields Bruckhaus Deringer LLP
- Bertrand Louveaux Slaughter and May
- Philip Mansfield Allen & Overy LLP
- Elizabeth Morony Clifford Chance
- Frances Murphy Jones Day
- Alex Nourry Clifford Chance
- Nigel Parr Ashurst LLP
- John Pheasant Hogan Lovells International LLP
- Alex Potter Freshfields Bruckhaus Deringer LLP
- Simon Priddis Freshfields Bruckhaus Deringer LLP
- Simon Pritchard Allen & Overy LLP
- Mike Pullen DLA Piper UK LLP
- Gavin Robert Linklaters LLP
- Michael Rowe Slaughter and May
- Martin Smith Simmons & Simmons
- Nicholas Spearing Freshfields Bruckhaus Deringer LLP
- Isabel Taylor Slaughter and May
- Deirdre Trapp Freshfields Bruckhaus Deringer LLP
Freshfields Bruckhaus Deringer LLP’s reputation in this area remains outstanding. The team has considerable strength in depth, and is at the forefront of many significant matters. David Aitman acted for NEC in the European Commission’s investigations into DRAM and SRAM semiconductor products, which was the first case to settle with the Commission under the new regime; and Jon Lawrence successfully defended EWS in the first private damages claim ever to reach trial in the Competition Appeal Tribunal (CAT). In mergers, Alex Potter and Andrea Gomes da Silva are advising Sara Lee in the sale of its international household and body care business. Rod Carlton heads the group.
The ‘phenomenal’ team at Slaughter and May has ‘unparalleled’ strength in depth, and a ‘remarkable’ commercial approach. Richard Swallow acted for British Airways in the successful strike-out of a claim brought by representatives of all direct and indirect purchasers of air cargo services affected by an alleged cartel. In mergers, Bertrand Louveaux (‘very bright, extremely responsive and user friendly’) advised Asda on its acquisition of Netto. Isabel Taylor has a thriving state aid practice; and Christopher Wright is a regulatory expert. Sarah Cardell left for Ofgem, and William Sibree has retired.
The team at Allen & Overy LLP ‘punches above its weight’, securing instructions on many cutting-edge matters, and its approach is such that it is considered ‘more an integral part of the client than an outside consultant’. At EU level, it secured Phase I clearance for Novartis in its $40bn acquisition of Alcon. In the UK, it advised CTS Eventim AG in its successful judicial review challenge to the Competition Commission’s Phase II clearance of the Ticketmaster/Live Nation merger, leading the Commission to ask for its own decision to be quashed by the CAT. Mark Friend, Simon Pritchard and Philip Mansfield are all highly regarded.
Clifford Chance recently welcomed Alastair Mordaunt from the OFT, where he was most recently director of the enforcement team. In litigation, Elizabeth Morony advised Morgan Crucible in a damages claim in the CAT brought by Deutsche Bahn AG and others arising out of the carbon cartel. In mergers, Alex Nourry is advising the Co-operative Group Travel Agency in relation to its joint venture with Thomas Cook. The highly regarded Oliver Bretz is now managing partner of the global antitrust group; and Greg Olsen is also recommended.
Herbert Smith LLP is acknowledged as ‘the biggest name for full-on litigation’, but has strong experience across the board. The team is advising BSkyB regarding its appeal of Ofcom’s pay TV statement in the CAT. Other recent work includes acting for Arriva regarding the £1.6bn public offer by Deutsche Bahn; advising London Underground on state aid issues; and advising EDF on public procurement matters. Following Elizabeth McKnight’s move to a part-time position, James Quinney (‘dedicated, knowledgeable and resourceful in looking for a solution’) now heads the group, which has also promoted André Pretorius to partner.
Linklaters LLP has a broad practice comprising well-known personalities and ‘a great supporting team’, which is regularly present on significant market studies, investigations, and cartel cases. Recent work includes acting for Aer Lingus in relation to the OFT’s Enterprise Act investigation into the minority stake held by Ryanair; and defending Dow Chemical in a High Court damages action relating to the synthetic rubber cartel. Sir Christopher Bellamy QC has ‘a superb understanding of the commercial needs and realities of the client’s business in the competition law area’; and Eamonn Doran has ‘unquestionable technical knowledge and a measured approach’.
Despite a number of departures in 2010, SJ Berwin LLP can still call on the expertise of Simon Holmes and Philipp Girardet, who are ‘extremely insightful and diligent ’; Tom Usher, ‘a real solutions based lawyer’; and Stephen Kon, who is for some ‘the best competition lawyer in Europe’. The practice spans the entire spectrum of competition matters, with recent highlights including acting for Lloyds in its £7bn disposal of assets to Coller Capital, and advising a consortium of tyre manufacturers in claims in the High Court arising out of the synthetic rubber cartel.
Ashurst LLP has a particularly strong practice acting in appeals and investigations both at EU and UK level, and benefits from a team of economists. Highlights included acting for Imperial Tobacco in its appeal to the CAT against the OFT’s fine in the tobacco cartel; and acting for Intel in its appeal to the European General Court (EGC) against its £1bn fine for alleged abuse of dominance. Arundel McDougall handles cartel-related matters in several specialist sectors; and Ben Tidswell acts for Virgin Media and Telefónica O2 in contentious and regulatory matters. Practice head Nigel Parr is well known, and Euan Burrows is also recommended.
Baker & McKenzie LLP has seen an increase in merger control instructions, alongside its global cartel work and litigation. Notable work included acting for new client L’Oréal regarding its acquisition of Essie Cosmetics, and representing Shell in its appeal of the OFT’s fine in the tobacco cartel, as well as in follow-on litigation arising out of the paraffin waxes cartel. Group head Samantha Mobley is well known, and new partner Sunny Mann is recommended for trade sanctions, export compliance and regulatory advice.
Berwin Leighton Paisner LLP has recently hired former ORR chairman Chris Bolt as a consultant. Rising star Andrew Hockley, who arrived from BP in 2010, has a ‘first-class intellect’ and a ‘knack for giving practical advice’. Work highlights included acting for Sports Direct in relation to its acquisition of 31 stores from JJB, and in a related successful procedural challenge against the Competition Commission in the CAT; and acting for National Grid in a £300m follow-on damages claim in the High Court. David Harrison and Adrian Magnus ‘exemplify the firm’s approach to client care and management, and are lawyers of a very high calibre’.
Following the firm’s well-publicised merger, and the arrival from WilmerHale of Suyong Kim (‘clearly a respected authority within this sector’), Hogan Lovells International LLP ‘can match the Magic Circle pound for pound’. In addition to its enhanced global reach, the team has also increased its profile in large-scale litigation; it is, for example, defending Dw/\r Cymru Cyfyngedig (Welsh Water) in a purported follow-on claim brought by Albion Water in the CAT. Simon Polito, Christopher Hutton and Lesley Ainsworth are all highly recommended. Susan Bright is experienced in financial services related work.
Although not as visible at EU level as some other firms, Norton Rose LLP is punching well above its weight in the UK competition arena. Recent work includes acting for Asda in its appeal to the CAT against the OFT’s decision and fine in the tobacco cartel; and acting for Stena Lines before the OFT and Competition Commission in its acquisition of two Irish Sea routes from DFDS. Martin Coleman is ‘a strategic thinker’ with ‘excellent business acumen’; Mark Jones is ‘an excellent technician and tactician’; Peter Scott has ‘a rare combination of insight into competition law and economics’; and Michael Grenfell ‘loves the details of cases, which is particularly important in litigation, while at the same time ensuring that the story hangs together as a coherent whole’.
Simmons & Simmons has a broad practice and solid experience across the board. Cutting-edge work included acting for Hynix in several appeals to the EGC regarding a complaint against Rambus and related commitments offered by Rambus to the European Commission. The team is also acting in a number of High Court damages claims; and advised Schlumberger Limited on its $12bn acquisition of Smith International. Team head Martin Smith, and Tony Woodgate are both well regarded; and Oliver Heinisch was promoted to partner. Jenny Block left for Postcomm.
Addleshaw Goddard LLP has undoubtedly made a major investment in its competition practice. Enhancing its litigation capabilities, the team welcomed Rona Bar-Isaac (‘very business focused and practical’) from WilmerHale, and appointed the highly regarded Bruce Kilpatrick as department head following Mark Clough QC’s departure to Brodies LLP. The team also won significant new clients in the retail, financial services, and energy sectors, strengthened relationships with key clients through secondments, and was appointed to Ofwat’s panel.
The ‘extremely responsive’ team at DLA Piper UK LLP is well placed to assist its international clients in mergers and in co-ordinated dawn raids by multiple regulators. Recent work includes advising CEVA regarding an investigation into freight forwarding by several regulators including the European Commission and DoJ. The team also has a strong niche in the sports and media sectors, where it has recently advised on state aid matters. Alexandra Kamerling is ‘first rate – she is technically excellent, and applies the law in a pragmatic manner’. Practice head Mike Pullen also has an enviable trade practice, alongside Miriam Gonzalez.
Eversheds LLP has been particularly active in OFT investigations and novel High Court damages claims. Practice head Ros Kellaway is widely respected for her strategic advice, and has an ‘excellent understanding of the UK regulatory authority’s approach’, and Stephen Rose is ‘very calm in a crisis and very clear in his advice’. Also recommended are James Robinson; and senior associate Nicola Holmes, who is a ‘rising star’. The team is also well known for its innovative competition compliance solutions.
Jones Day acts in many significant and high-profile litigation matters before the High Court, the CAT and the European courts. Notable recent work includes advising AstraZeneca plc in its appeal before the ECJ regarding fines imposed by the Commission for abuse of a dominant position. Merger work also features strongly, with the group able to draw on the firm’s excellent global M&A practice; highlights in 2010 included advising Procter & Gamble in its €320m purchase of Sara Lee’s Ambi Pur business. The team also has a strong track record in UK sector investigations. Practice head Frances Murphy is ‘very smart and cool headed’, and ‘a very good person to turn to in a crisis’.
Latham & Watkins LLP is representing clients in many of the major pending cartel matters. Recent work includes acting for ArcelorMittal in the Commission’s Prestressing Steel cartel investigation, where the fine was reduced from €276m to €45.7m, prompting new policy announcements in relation to the calculation and level of fines. Another highlight was representing the RTL Group and others in the landmark CISAC case regarding anti-competitive practices by music collecting societies. John Colahan ‘gives very good strategic advice’; and Omar Shah is ‘extremely competent and commercial’.
CMS Cameron McKenna LLP acts for numerous high-profile clients including RWE, Transport for London, Colgate-Palmolive, and the Wellcome Trust. The team has specialist sector expertise in energy, utilities and infrastructure, fast moving consumer goods, communications, and life sciences, and also has solid experience in state aid and procurement matters. Although traditionally best known for its behavioural work, it is increasingly involved in big-ticket merger work; highlights in 2010 included advising global pharmaceuticals giant Takeda on its €9.6bn acquisition of Nycomed. Susan Hankey leads the team.
Field Fisher Waterhouse LLP is making significant headway in this area, developing a broad practice and winning new clients. Recent work includes successfully clearing All Nippon Airways of any involvement in the air cargo cartel; and advising Orange in a number of appeals in the CAT and Competition Commission regarding Ofcom’s statement on mobile call termination charges. State aid clients include Sector Treasury Services. Practice head Charles Whiddington is praised for his quick and clear advice; and new partner John Cassels is ‘flexible at approaching legal issues from different directions to find the best way to resolve the problem’.
The team at Macfarlanes LLP is led by the highly respected Marc Israel and has been advising on some high-profile matters for some major clients. Of particular note is its work for Pinewood Laboratories, where Israel led a team which persuaded the OFT to open a rare abuse of dominance investigation into Reckitt Benckiser regarding activities relating to its market-leading heartburn medicine Gaviscon; the case resulted in the first fine for such a case since 2003, and is likely to have far-reaching implications for the health sector.
Nabarro LLP is praised for its ‘very good partner-level attention’. The team is building strength in litigation, where it recently successfully intervened for a major provider of electronic payment services in Camelot’s application to the National Lottery Commission to use its Lottery terminals for bill payments and mobile top-ups. Other work included representing Mercedes Benz in the OFT’s inquiry into the commercial vehicles market; and several high-value merger transactions. Brian Sher is ‘proactive, and quick at understanding complex businesses and issues, and has very good communication skills’.
Pinsent Masons LLP delivers ‘a first-class service’. The team includes practice head Guy Lougher, who is now based full time in London; and Alan Davis, who is ‘a star: approachable, pragmatic, and thoughtful’. Davis recently advised Galliford Try in its appeal to the CAT, obtaining a significant reduction of the OFT’s fine for its alleged participation in the construction cartel, and is also acting for MBNA regarding the ongoing Visa and MasterCard UK credit card interchange fee investigations at UK and EU level.
The ‘exemplary’ Shearman & Sterling LLP strengthened its team in Brussels with the hire of three partners from the now disbanded Howrey LLP. It continues to assist Areva in a £250m High Court damages claim by National Grid; and is also advising Citigroup in the OFT’s market study into equity underwriting. Other clients include large hedge funds. The team is ‘always available and responsive, with a shrewd ability to get to the desired result’. Matthew Readings and senior associate James Webber both win high praise.
Arnold & Porter (UK) LLP has advised on some big-ticket merger work out of its London office, and is gaining expertise acting for clients on hostile acquisitions. It acted for Monsanto in the European Commission’s Phase II investigation of its sale of a business to Syngenta. Tim Frazer is well known for his representation of major pharmaceuticals companies, and Susan Hinchliffe is also recommended; both are ‘knowledgable, practical, excellent to work with, and very responsive’.
Bird & Bird has strength in a number of sectors, and has witnessed a particular increase in work from electronic communications, sports and aviation clients. Recent work includes advising The Football Association on matters relating to media rights licensing. Jeremy Robinson, who has expertise in economic regulation matters in the aviation, energy and water industries, is ‘a consummate professional; personable, patient and instills a sense of confidence and trust’. Richard Eccles leads the team.
Bristows has a ‘good team’ which is ‘thorough, knowledgeable, and responsive’ and provides ‘good commercial advice’. It focuses predominantly on regulatory investigations and litigation, but also undertakes valuable advisory work for clients across a diverse range of sectors. Clients include Bayer and Kimberly-Clark. The ‘excellent’ Pat Treacy heads the practice.
Burges Salmon LLP is acting for The Co-operative Group in the OFT’s tobacco investigation; and for Cardiff City Transport Services Limited in ongoing damages claims arising out of the OFT’s infringement decision regarding conduct in the Cardiff bus market. Tim Heywood joined in 2010 from Bevan Brittan LLP, bringing extensive public procurement and state aid experience. Laura Claydon heads the team.
Fried, Frank, Harris, Shriver & Jacobson (London) LLP increased its profile with the hire of Alasdair Balfour from Olswang, who brought with him a number of high-profile clients including Malaysia Airlines and Smurfit Kappa. Balfour’s arrival, along with an associate from Slaughter and May, has broadened the practice to include major cross-border cartel investigations and litigation.
The ‘first-rate’ team at Holman Fenwick Willan LLP was bolstered by the hire of two partners from the Brussels office of Squire Sanders Hammonds: international trade and state aid expert Eliza Petritsi is relocating to London, while the experienced Konstantinos Adamantopoulos will remain in Brussels. The team is consistently praised as being highly responsive, and practice head Anthony Woolich is ‘impressively commercial, and understands the needs of the business instantly ’.
K&L Gates strengthened its practice in 2010 with the hire of Scott Megregian from McDermott Will & Emery UK LLP to co-head the London practice, and has also been growing at associate level. Work highlights included acting for new client Lockheed Martin Corporation in obtaining European Commission clearance for its acquisition of a stake in the Ammroc joint venture. The firm now also has competition capability in Brussels, having opened an office there at the start of 2011.
Mayer Brown International LLP’s team has become much leaner in recent years, but retains a strong client base and acts on some significant litigation matters. Highlights included advising BASF in its defence of litigation in the High Court and CAT arising out of the European Commission’s decision in the vitamins cartel; and winning a 94% reduction of the OFT’s fine imposed on John Sisk & Son and parent company Sicon Limited for alleged participation in the construction cartel. Practice head Gillian Sproul has ‘very good knowledge and delivers advice concisely and clearly’.
Olswang’s traditional areas of strength are the broadcasting and technology sectors, where clients include the British Horseracing Authority, and Cable & Wireless, and it also has growing expertise elsewhere, with recent work including merger advice to Emirates Group. Head of the group Howard Cartlidge has ‘an exceptional blend of technical EC competition law expertise coupled with an unflappable commercial professionalism’. Alasdair Balfour left for Fried, Frank, Harris, Shriver & Jacobson (London) LLP.
Douglas Lahnborg at Orrick, Herrington & Sutcliffe (Europe) LLP provides ‘clear, constructive advice’, is ‘tight into the process’, and ‘drives the issues forward’. Recent work includes acting for Paris-based Turbo Hercules SAS in convincing the European Commission to open proceedings into IBM’s alleged abuse of its dominant position in the mainframe computer market; and advising Areva T&D in its €4.1bn sale to Schneider and Alstom.
Reed Smith is best known for its work in the shipping and trade, and media sectors, and has growing experience in the pharmaceuticals sector. Recent work includes advising Channel 4 on its ad sales joint venture with UKTV. Marjorie Holmes is ‘exceptional in her level of professional commitment to the field of competition law, as well as her depth and breadth of knowledge’. Edward Miller and Katherine Holmes are also recommended.
The team at SNR Denton has been particularly busy in mergers, where it successfully guided The Ambassadors Theatre Group through its controversial merger with the UK theatres of Live Nation. Other recent work includes acting for The Football League in its intervention in the appeal of Ofcom’s decision in the pay TV market investigation before the CAT. Practice head Sam Szlezinger is particularly well known for his work in groundbreaking litigation.
Shepherd and Wedderburn has seen an increase in damages litigation and enforcement action work, where highlights included acting for Albion Water in the ongoing multimillion-pound damages claim against Welsh Water in the CAT. Practice head John Schmidt is a ‘talented lawyer: approachable and sensible’.
Sidley Austin LLP recently promoted David Went to partner and also welcomed Timothy Cowen as a partner in the London office, previously chief counsel for competition law and public policy at BT. Stephen Kinsella OBE, who divides his time between the London and Brussels offices, is head of the firm’s EU competition practice.
Taylor Wessing LLP has a solid reputation in technology-rich areas, and is also active in energy and telecoms. Traditionally strong in behavioural matters, the group has expanded steadily in recent years and is beginning to grow its merger control practice. Robert Vidal is ‘one of the most talented competition lawyers of his generation. He has drive, energy, and a fanatical devotion to his clients’.
Travers Smith LLP is undertaking an increasing amount of behavioural work, and retains a solid merger control practice. Margaret Moore (‘extraordinarily personable, responsive, reliable and effective’) advised Carpetright in a complex OFT merger inquiry into completed acquisitions from Allied Carpets. Nigel Seay is ‘competent, precise, to the point, and pleasant to work with’.
Wragge & Co LLP has a healthy competition practice, acting across a range of matters. Recent work includes acting for Thomas Vale Group plc in its appeal to the CAT regarding the OFT’s fine in the construction cartel. It also handled several multi-jurisdictional merger notifications. Bernardine Adkins heads the team.
Also of note are Peters & Peters Solicitors LLP, where Michael O’Kane is widely recognised as one of the leading criminal cartel lawyers in the UK; and Hausfeld & Co LLP, which specialises in claimant damages actions with a particular focus on competition law.