ONE WOOD STREET, LONDON, EC2V 7WS
- Tel:
- Work 0845 497 4500
- Fax:
- Fax 0845 497 4919
- DX:
- 154280 CHEAPSIDE 8
- Web:
- www.eversheds.com
- Email:
Andrew Chandler
- Tel:
- Work +44 845 497 4572
- Email:
Work Department
Commercial/competition.
Position
Advises clients on business expansion, including through exclusive and selective networks, agency, franchise systems (unit franchise, master franchise and area development agreements), licensing and concessions and on general commercial arrangements, from standard terms to complex projects, services and outsourcing arrangements. Also advises on market behavioural competition work, such as inquiries, investigations and competition law compliance, including the impact on pricing and distribution strategies. Regularly conducts competition law training, including mock dawn raids. Andrew's recent experience includes: advising several retail clients on franchise expansion in the UK and across Europe, the Middle East and Asia; negotiating early resolution of an OFT investigation into price fixing in the dairy sector; advising on the OFT's investigations in the construction and retail sectors; and advising various companies on successor liability for competition infringements (including two separate appeals to the European Court of First Instance against European Commission decisions).
Career
Trained Eversheds; qualified 1998; commercial department 1998-2003; associate 2003-07; partner 2007. Publications: article on successor liability for competition law infringements for the 'Competition Law Journal' (CLJ 2006, vol 5, iss 1), article on selective distribution for 'Bloomberg European Law Journal' (Feb 2008), article on early resolution of competition cases in 'Legal Week' (21 Feb 2008), article on nuclear clear-up for Nuclear Engineering International (Oct 2007). Also a contributor to the AIJA's forthcoming publication on concession, distribution and franchising agreements across Europe.
Languages
Fluent French.
Education
Winchester College, Hampshire; King's College London (1994 LLB English and French law 2(1); 2000 Postgrad Dip EC Competition Law); Université de Paris I, Panthéon, Sorbonne (1994 Maîtrise en Droit Privé (Droit Français et Anglais), Mention AB (1994); College of Law, Guildford (1996 Postgrad Dip Legal Practice, Commendation).
Leisure
Travel, meeting people, seeing places and learning about different cultures and history, walking, trekking, music, reading (in particular politics, travel writing and biography) and good food and wine.
Practice Areas
Corporate and commercial; EU and competition; Franchising
Legal Developments worldwide
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Harmonising Anti-Circumvention Protection with Copyright Law
Technological measures are increasingly used by rightholders in order to protect their intellectual property rights in digital content. The effect of such measures is to restrict the access to and the use of digital content, by associating pre-defined and self-executing usage rules with it. Within an increasing number of legislations, technological measures enjoy legal protection against circumvention. However, these new rules have been subject to rather severe criticism, especially from a copyright law point of view, the general claim being that anti-circumvention protection threatens to ruin the delicate balance of interests cast in the provisions of copyright law. -
How to stop fraud before it happens
Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures. -
Consumer Protection Act and leases
The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President. Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010. -
The impact of competition law changes/developments on M&A activity
The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application -
Contributed tax capital: simplicity at last!
By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). -
The Consumer Protection Bill – Changing the Face of Litigation and Dispute Resolution
The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature. -
Deliberate manipulation of securities prices will invariably and inevitably be harshly penalised
Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board case of Michael Berman vs the Financial Services Board . -
Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou Wewege
It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds. -
New Laws in the Pipe Line to Decisively Respond to the Challenge of Climate Change
New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change. -
Big business beware – the class and derivative actions are coming! by Carl Stein
The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative. This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.