The Legal 500

Position

Mr O’Donoghue’s practice focuses on: all aspects of EU and UK competition laws (including international mergers and acquisitions, restrictive practices, abuse of dominance); EU law matters more generally (eg internal market, conflicts of law/forum, challenges to EU legislation); and regulatory and public law, and in particular utilities regulation. He has frequently appeared before EU and national competition authorities and regulators in respect of these practice areas, as well as in litigation before the community courts, UK courts, and arbitral bodies. Specialist areas of practice include EU law, competition law (EU and UK), utilities regulation (energy/telecoms) and general commercial law. Cases of note: UK cases: Asda & ors v Office of Fair Trading (Competition Appeal Tribunal (pending)); British Telecommuniations v Ofcom (0800 Numbers) Competition Appeal Tribunal (pending)); CEF & EWRG v General Electric UK Limited and others (recycling) (pending); PLUS Markets plc v London Stock Exchange plc (Commercial Court); Emerald and others v British Airways plc [2009] EWHC 741 (Ch); Tesco plc v Competition Commission (Competition Appeal Tribunal); iDealing Limited v London Stock Exchange (High Court); St George’s Healthcare NHS Trust v S [1999] Fam 26 (Court of Appeal); European Climate Exchange v LCH Clearnet Limited (High Court), Sel-Imperial v British Standards Institution (High Court); Case No 1093/3/3/07 T-Mobile (UK) Limited v Ofcom Competition Appeal Tribunal); and British Association of Airline Pilots v British Airways plc (High Court); EU cases (Luxembourg): British Airways v Commission (air cargo cartel) (pending); Case T-184/01 R, IMS Health Inc v Commission [2001] ECR 11-3193; Case C-481/01 P(R), NDC Health Corp & NDC Health GmbH & Co KG v IMS Health Inc [2002] 5 CMLR 1; Case C-381/98 Ingmar GB Ltd and Eaton Leonard Technologies Inc [2000] ECR 1-9305; Case C-95/04 P British Airways plc v Commission, judgment of March 17 2007; Case T-15/02 BASF AG v Commission, judgment of March 15 2006. Merger proceedings: M1599 Dupont/Teijin M1538 Dupont/Sabanci M1512 Dupont/Pioneer M1363 Dupont/Herbets; M1383 ExxonMobil; M1940 Framatome/Siemens/Cogema; M2946 IBM/PWC Consulting M1767 AT&T/IBM/Intesa M1847 GM/SAAB; M2452 Belgacom/Bas Holding/Securitas; and M 2546 EADS/Nortel M4297 Nokia/Siemens. Cartel cases: Air Cargo (BA); Vitamins (BASF AG); Bitumen (Exxon Mobil); Professional Videotapes (Sony); and Ship Classification Societies.

Career

Qualified 1996, Lincoln’s Inn; internship at telecoms unit of DG Competition (Unit C) of the EU Commission; Brussels and London offices of Cleary Gottlieb Steen & Hamilton LLP 1998; Brick Court Chambers 2007. In 2003, Mr O’Donoghue was nominated for a Fellowship Award by the Global Competition Law Centre (College of Europe, Bruges) as an ‘Outstanding EU competition lawyer’. Mr O’Donoghue has also been shortlisted in the 2007 Global Competition ‘Who’s Who’ of competition lawyers. He also acts as a non-governmental advisor to the Office of Fair Trading on International Competition Network (ICN) issues. Mr O’Donoghue has published and spoken extensively on EU law matters and is the co-author of a leading publication on abuse of dominance entitled ‘The Law and Economics of Article 82 EC’ (Hart Publishing 2006).

Languages

French.

Education

University of Glamorgan (LLB); University of Bristol (LLM); Inns of Court School of Law (Bar Vocational Course).

Leisure

Sport, reading, travel.

Practice Areas

EU and competition