Index of tables
EU and competition
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EU and competition - trade, WTO, anti-dumping, customs
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While this section focuses on corporate representation, for cartel criminal actions against executives Peters & Peters (notably partners Michael O’Kane and Jo Rickards) is the ‘market-leading’ firm.
Freshfields Bruckhaus Deringer LLP’s remains at the forefront of virtually every area of the EU and competition field. Key instructions included advising the Bank of England on the financial crisis and the resultant consolidation in the banking sector; representing Dunlop Oil & Marine on the high-profile marine hoses cartel investigation; and advising Northern Rock on the state aid aspects of temporary government ownership. ‘Solutions-driven’ and ‘technically accomplished’ partner Deirdre Trapp also achieved a significant victory for Tesco in the CAT. Other urbane and polished practitioners include leading competition litigator Jon Lawrence (an ‘excellent strategist’, ‘aggressive when necessary’, ‘one of the best’); fellow ‘ruthless litigator’ and ‘master of the detail’ William Robinson, cartels specialist Bea Tormey, the immensely experienced David Aitman, Rod Carlton; and senior figures Nicholas Spearing (‘fantastically good’ at Competition Commission hearings); Rachel Brandenburger; John Davies; and former OFT director Simon Priddis (‘excellent technical knowledge’, ‘sound judgement’). Regulators generally regard the firm as having the ‘slickest’ and most technically accomplished practice in the City.
Celebrated figure Malcolm Nicholson retired from Slaughter and May in 2009, but left an outstanding legacy, having created and nurtured a team that remains ‘top of the tree’. With its ‘truly exceptional’ partners and ‘outstanding’ associates, ‘there is no weak link’. In 2008 it represented major parties in a series of headline market and cartel investigations, and the firm’s record in acting for government or state entities gives it a peerless understanding of policy and regulation. Philippe Chappatte (‘experienced’, ‘practical’, ‘good contacts with the Commission’) has taken over as head of a department that includes Bertrand Louveaux(‘distils complex issues into simple terms’, ‘analytical’, collaborative’); Michael Rowe(‘very impressive’); William Sibree (‘thoughtful’, ‘clever’, ‘strategic’); and newly elected partners Sarah Cardell, who worked on BHP Billiton’s bid for Rio Tinto, and Isabel Taylor (‘user-friendly’, ‘picks up complex issues very quickly’). Special adviser Christopher Wright has ‘great knowledge of the regulatory sector’.
Herbert Smith LLP has created a mighty standalone practice praised for its ‘blue-chip’ and ‘proactive’ advice; it is ‘able to see the bigger picture’ and is ‘always on the mark from a business perspective’. In 2008, it deployed its competition and regulatory experience in representing Électricité de France on its recommended £12.5bn takeover of British Energy Group. On the behavioural front it advised BAA on the Competition Commission’s market investigation into UK airport markets, and Virgin Atlantic in connection with cartel investigations into passenger fuel surcharges. On the competition litigation side, it represented BSkyB in High Court proceedings against Virgin Media. Recommended individuals include Jonathan Scott (‘great manner with clients’, ‘a wise old head’, ‘imaginative’, ‘excellent smell for cases’); Elizabeth McKnight (‘intellectually impressive’, ‘pushes the envelope’); James Quinney (‘commercial’, ‘pragmatic’); competition litigation partner Stephen Wisking (‘calm’, ‘clever’); Veronica Roberts (‘practical’, ‘pragmatic’, ‘straightforward’); and Susan Black (an ‘extremely diligent strategist’, and ‘good all rounder’).
Linklaters LLP is consistently praised for its ‘business acumen’ and the quality of its leading partners. Although ‘closely associated with mergers’ - it earned many accolades for its work on Lloyds TSB’s highly charged acquisition of HBOS - it has forged a path in behavioural work and litigation; former Competition Appeal Tribunal (CAT) president Sir Christopher Bellamy QC, for instance, is ‘unique’ and ‘brings a level of judgment which cannot be obtained elsewhere’. The firm has achieved key roles on many of the leading UK and European market and cartel investigations. Bill Allan(quickly identifies the ‘commercial challenge’); Michael Sanders(has a ‘depth of knowledge’, and ‘adds real value’); Paula Riedel(‘hardworking’, with ‘detailed knowledge’); Gavin Robert(‘bright’, ‘commercially pragmatic’, ‘astute’); ‘rising star’ Nicole Kar(‘a supreme cartels specialist’); and Michael Cutting(the lead partner on Lloyds TSB/HBOS) are all recommended. Senior figure Tony Morris and leading competition litigator Diana Good recently retired from the firm.
Allen & Overy LLP’s prime roles on a series of landmark merger cases (including HBOS/Lloyds, Somerfield/Co-op and BSkyB/ITV) indicates its leading credentials; on Somerfield/Co-op, the firm was instructed to handle the antitrust elements alone. The firm has unrivalled experience in CAT merger appeals, having acted on four of seven at the time of writing. High-calibre partners include leading figure Mark Friend; Antonio Bavasso(‘academically astute’, ‘commercial’); and technology and IP/antitrust partner Philip Mansfield, and ‘valued team member’ and part-time consultant John Wotton is also singled out. Highly respected former partner Alistair Lindsay has returned to the Bar, while Simon Pritchard- former senior director of mergers at the OFT - joined in March 2009.
Ashurst LLP is regarded as a premier practice, thanks in part to the ‘considerable gravitas’ of Nigel Parr within the competition community. His ‘statesman-like’ qualities are widely recognised, and clients are impressed with the firm’s willingness to make ‘difficult decisions’ and to not load advice with caveats. New partner and barrister Euan Burrows has impressed with his grasp of economics and his ‘intelligent’ and ‘robust’ approach. The firm has an exceptional record in the CAT, where it is renowned for its ‘aggressive stance’ and for market and cartel investigations. In 2008, it represented Imperial Tobacco during the headline OFT investigation into the tobacco sector, and acted for main parties in a series of other major OFT market investigations. It also acted for Virgin Media, in the seminal competition case Virgin Media v BSkyB. Clients praise the background assistance of the firm’s in-house economists, led by Mat Hughes.
The ‘premier league’ team at Clifford Chance has matched its outstanding record in merger control with an equally impressive litigation practice. With ‘first-class competition litigator’ Elizabeth Morony(‘hard hitting’, ‘incisive’) and Luke Tolaini(a ‘rising star’ ,’someone to have on your side during an investigation’), the firm has ‘the complete package’. The two represented Bridgestone on the worldwide marine hoses cartel investigation, and has impressed with market-transforming deals such as InBev’s US$52bn acquisition of Anheuser-Busch; Co-Operative Group’s acquisition of Somerfield; and Reuters’ takeover of Thomson. The firm is ‘willing to go the extra mile’, and has a ‘persuasive approach’ and a ‘good sense of the broader picture’. The ‘very approachable’ and ‘technically excellent’ Alex Nourry heads the team, which includes telecoms and regulatory specialist Jenine Hulsmann(‘extraordinarily adaptable’, ‘commercial’, ‘cost conscious’); Oliver Bretz(a ‘strategic thinker’ who ‘thinks outside the box’, ‘analytically very sharp’); John Osborne(‘great experience’, ‘good analytical skills’, ‘knows his industries’); and Greg Olsen.
Without the luxury of Magic Circle status, SJ Berwin LLP has arguably achieved more than any other firm in this sector. Of late, the firm has emerged at the forefront of private damages litigation, often on behalf of the plaintiff, with Stephen Kon(‘keen intellect’, ‘innovative’) and Lesley Farrell(‘very professional’) to the fore. On the behavioural front, it advised Marks and Spencer in connection with the Competition Commission grocery market inquiry, and Qantas in relation to the European Commission’s investigation into a fuel surcharge cartel. Elaine Gibson-Bolton has impressed regulators with her pragmatic and convincing style, while Simon Holmes(‘innovative’, ‘forward thinking’), Niamh Grogan(‘very approachable’, ‘easy to work with’) and Tom Usher are also highly recommended. In 2009, it elected another two partners: Philipp Girardet and Cameron Firth. The firm has excellent ‘industry knowledge’ and is ‘good value compared to the Magic Circle’.
Baker & McKenzie LLP remains at the forefront of international cartels work. Led by Luis Gomez, it obtained full immunity for Shell in relation to the paraffin wax cartel case, and it is also instructed in the renowned freight forwarding cartel investigation. Continuing its progress in the competition litigation sector, the firm brought a complaint for Orange against BT for abuse of a dominant position in residential broadband. Samantha Mobley heads the department, which includes litigation specialist Keith Jones, and experienced consultant Lynda Martin Alegi. Ross Denton is commended for his understanding and knowledge of export controls and customs, while Tom Cassels(‘commercial’, ‘first rate’) is recommended for public law related cases.
DLA Piper UK LLP has achieved great things in competition litigation and cartels. Trade is also a key arena, with trade specialist Miriam Gonzalez making considerable headway, along with department head Mike Pullen, who is notable for his outstanding international connections. In 2008, the team advised Cathay Pacific during the worldwide air cargo investigation, and represented the FA Premier League before the High Court, before reference to the ECJ concerning the use of foreign satellite decoder equipment in UK pubs. Senior figure and experienced litigator Martin Rees and Alexandra Campling (‘practical’, ‘pragmatic’) are also recommended. Leading market inquiries and competition litigation specialist Andrij Jurkiw joined from Burges Salmon LLP in 2008.
Although its team in London has just two partners, with Simon Polito (‘fantastic experience’, ‘unrivalled industry knowledge’) becoming a consultant, clients still praise Lovells LLP’s ‘strength in depth’, ‘strategic sense’ and ‘impressive track record’. It also maintains a large team of UK-qualified partners in Brussels. In 2008, Brussels partner Matthew Levitt advised Ofgem in its competition investigation into National Grid. London department head Susan Bright is ‘very knowledgeable’ and ‘user-friendly’, and Lesley Ainsworth is commended for her ‘in-depth knowledge’ of the grocery sector and her guidance on ‘regulatory strategy’, and advised Waitrose in connection with the Competition Commission’s grocery market investigation. Financial services, media and life sciences remain key sectors for the practice.
Norton Rose LLP’s ‘business acumen’ and ‘knowledge’ continue to impress. Leading figure Martin Coleman heads a team that has achieved roles on a series of seminal cases. It succeeded in dismissing all criminal charges against Ranbaxy in the landmark price-fixing case brought by the SFO, and was also appointed to advise on the Competition Commission’s inquiry into Project Kangaroo, the video-on-demand platform developed by the BBC, ITV and Channel 4. Michael Grenfell, Mark Jones(who is ‘client oriented’, and provides ‘tailored business advice’), and Peter Scott are also recommended.
Simmons & Simmons has celebrated traditions in this arena and continues to impress in a number of areas, including roles in judicial review, the life sciences environment, and heavily regulated sectors such has mail, water and energy. It also continued to advise the Kier Group in relation to the OFT’s investigation into bid-rigging in the construction sector. Martin Smith heads the international practice, which includes Tony Woodgate, Charles Bankes and Jenny Block in London.
Berwin Leighton Paisner LLP has demonstrated the breadth of its expertise through a series of landmark state aid, cartel and private damages cases. It is acting on one of the largest antitrust damages cases in the UK, and thanks to its public sector strength has secured a series of significant state aid cases. David Harrison(who ‘goes the extra mile’, ‘quickly gets to the heart of the matter’, and is ‘tenacious’) leads a team that includes Becket McGrath(‘very sharp young guy’, ‘knows how the system works’, ‘presents in an understandable format’), and Adrian Magnus(‘very experienced’, ‘very commercial’).
Eversheds LLP consolidated its fine position in the cartel sector during 2008. It advised Cemex in the ongoing European Commission investigation into the cement sector, as well as obtaining key roles on a number of UK and European cartel investigations. The immensely experienced and highly respected Ros Kellaway heads the team, which includes Stephen Rose, James Robinson and Andrew Chandler.
‘First rate’ on both sides of the Atlantic, Latham & Watkins (‘our go-to firm on high-end work’) has committed significant resources to its UK practice. John Colahan represented Aviva in relation to the Payment Protection Insurance (PPI) inquiry, and the firm is also advising parties in the BAA Airports and grocery sector inquiries. It regularly advises in relation to global cartel investigations, Marc Hansen especially, while the arrival of Laurence Cohen has led to a greater flow of IP/antitrust cases. The ‘extremely knowledgeable’ Omar Shah and cerebral John Kallaugher have led the charge on competition litigation.
Although senior figures Guy Leigh and Edward Pitt have retired from the firm, Addleshaw Goddard LLP’s practice is still regarded as ‘excellent’, ‘informative’, ‘clear’ and ‘proactive’. Mark Clough QC and Bruce Kilpatrick(‘very commercial’, ‘very quick’, ‘very sensible’) are now the lead partners in London, with Leeds-based leading competition litigator Adam Aldred also frequently in London. The firm is engaged in a number of cartel and market investigations, and is strong on state aid, public procurement, trade and WTO work.
A leading force in utilities, energy, life sciences and the state aid environment, CMS Cameron McKenna LLP continues to earn accolades. Led by David Marks, it represented Pfizer when it was dawn raided as part of the EU pharmaceutical sector inquiry. It also advised a major construction company in connection with the OFT’s cartel investigation, and welcomed RWE and Colgate-Palmolive as new clients. Susan Hankey is ‘technically strong’, ‘very user-friendly’, and a willing sounding board for clients.
Macfarlanes LLP continued its impressive record in the merger control environment, advising Pernod Ricard on its acquisition of V&S (owner of Absolut Vodka) from the Swedish government. On the behavioural side it represented Threshers in relation to the OFT’s tobacco cartel investigation. The ‘first-rate’ Marc Israel heads the team, which includes Jane Tyler.
Mayer Brown International LLP is consistently recognised for its work in the life sciences and pharmaceutical environments, and is praised for its ‘responsiveness’ and ‘industry knowledge’ in a range of sectors. In this respect Frances Murphy ‘stands head and shoulders above other competition law practitioners’, and is ‘good in a crisis’. In 2008, the firm represented Unilever in the OFT’s price-fixing investigation into the grocery market, and advised AstraZeneca on the European Commission’s investigation into the pharmaceutical sector. Gillian Sproul is the second partner in the team.
McDermott Will & Emery UK LLP is ‘first class’, ‘practical’, and shows a ‘keen understanding’ of clients’ businesses. It acted for Wilmott Dixon in connection with the OFT’s investigation into bid rigging in the construction sector, and is also known for risk arbitrage and sports sector work; it is regular counsel to UEFA. Scott Megregian(‘excellent grasp of REACH issues’, ‘amazing intellect’, ‘smart in negotiations’) heads the department, which includes the highly respected Alasdair Bell.
Shearman & Sterling LLP has made its mark in behavioural work and litigation, and acted for Areva in connection with the High Court proceedings brought by National Grid following the European Commission decision in the gas insulated switchgear case. Matthew Readings is the lead partner, while consultant Chris Bright retains an immense reputation for non-UK work.
‘First-class outfit’ Travers Smith LLP is ‘practical’ and ‘pragmatic’, with ‘outstanding’ partner Nigel Seay commended for his ‘strategic judgement’ and ‘grasp of detail’ and Margaret Moore for her ‘razor-sharp’ analytical skills, ‘incredible breadth of experience’ and novel arguments. With excellent behavioural credentials, it impressed many with its representation of newsagent and tobacconist Martin McColl in the OFT’s tobacco price-fixing investigation.
The combination of Wilmer Cutler Pickering Hale and Dorr LLP’s worldwide reputation and the pre-eminence of Suyong Kim has earned the firm an impressive status in London. It now has a ‘stable of major clients’, and has impressed with some innovative litigation, including a judicial review and defamation case against the OFT on behalf of Wm Morrison.
With Susan Hinchliffe (‘client focused’, with a ‘wealth of experience’) now based in London alongside Tim Frazer(‘one of the biggest stars in Europe’) , Arnold & Porter (UK) LLP (‘exceptional responsiveness’, ‘business focused’, ‘gets results’) has continued its emergence in the pharmaceutical, consumer goods and telecoms sectors. The firm is now regularly instructed as standalone merger control counsel. Clients include Kraft Foods and Philip Morris.
Bird & Bird LLP is recommended for IP/competition cases, and for its work in the pharmaceutical and life sciences, and utilities sectors. Department head Richard Eccles is a celebrated figure whose key clients include Royal Mail and the FA.
Bristol-based Burges Salmon LLP has a fine record in market inquiries and cartel investigations, and is noted for its ‘practical business approach’. Laura Claydon(‘extremely knowledgeable’, ‘always considers the business angle’) heads the department, although the departure of Andrij Jurkiw is a blow.
Cleary Gottlieb Steen & Hamilton LLP has a leading European and global practice, with the ‘extremely impressive’ Shaun Goodman heading the London team. Clients commend the ‘intellectual calibre’ and ‘breadth of experience’ of partners in London and Brussels, and Brussels partner Romano Subiotto QC is now regularly in London, focusing on follow-on damages actions and general competition litigation. The firm has appeared in the High Court and CAT on a regular basis.
Field Fisher Waterhouse LLP’s ‘highly professional’ and ‘first-rate’ department rises in the ranking thanks to its growth in London and Brussels, its appearance in a series of CAT cases for Orange, and its defence of a major airline in the European Commission air cargo cartel investigation. Charles Whiddington provides ‘sound leadership’ to a multi-skilled department.
Hogan & Hartson’s John Pheasant is the ‘ultimate professional in the field’, ‘has an exceptionally good antenna’, and ‘can come up with off-the-wall solutions’. He is a renowned advocate in the European courts. The firm continues to advise Air Canada on the air cargo cartel case and its proposed passenger alliance with other airlines. Suzanne Rab has joined as counsel.
With Brussels partner Vincent Brophy now committing more time to Jones Day’s London office, the firm’s UK reputation is starting to catch up with its excellent global standing. Brophy’s role as counsel to MasterCard in the long-running interchange fee saga has earned plaudits, and he links up with London department head Jarleth Burke.
Nabarro LLP remains noted for its heavyweight roles in major cartel investigations and its impressive recent record in significant litigation. Cyrus Mehta heads the department, which includes technology regulation specialist Robert Bell and new partner Brian Sher.
Olswang’s impressive run continued through 2008; it representied SIS in High Court proceedings against Turf TV, and is also advising parties in the construction and air cargo cartel investigations. Howard Cartlidge and Alasdair Balfour are the London partners.
The ‘A+’ team at Orrick, Herrington & Sutcliffe forged ahead in 2008, having absorbed the London antitrust team from Heller Ehrman. New partners Ted Henneberry (noted for his ‘deep industry experience’) and the younger Douglas Lahnborg have linked up with the firmly established Alastair Gorrie.
Pinsent Masons LLP is commended for its ‘industry knowledge’, ‘responsiveness’, and ‘willingness to take a position’. It has advised parties in a series of significant antitrust cases, and is also advising a number of contractors and the UK Contractors Group in relation to the OFT’s construction cartel investigation. The ‘thorough’ and highly reputed Alan Davis heads the London team.
Reed Smith’s ‘excellent’ team is recommended for shipping, energy, life sciences and consumer goods work. The three-partner team includes shipping expert Marjorie Holmes; Katherine Holmes(‘commercial’, ‘exceptional industry and sector knowledge’); and Edward Miller(‘excellent’, ‘straightforward’, ‘extraordinarily responsive’).