James Flynn > Chambers of Mark Howard QC and Helen Davies QC > London, England > Lawyer Profile
Chambers of Mark Howard QC and Helen Davies QC Offices
Brick Court Chambers
7-8 ESSEX STREET
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James Flynn QC is a leading competition law litigator at the London Bar. His wide experience at the Bar builds on his years of practice at a magic circle law firm in London and Brussels together with his work as a Legal Secretary at the European Court of Justice. Current high profile cases in London include acting for the Road Haulage Association in the proposed collective proceedings against the truck cartel and for GSK in its appeal against the UK’s first pharmaceutical patent reverse settlement proceedings (currently the subject of a reference to the European Court of Justice). He has considerable expertise concerning the interface between Competition and Intellectual Property law, particularly on the licensing of standard essential patents and FRAND terms (acting for Qualcomm, IP Com and Samsung) as well as ‘pay for delay.’ Significant CAT appeals in recent years include acting for Sky in the long-running Pay TV litigation; for BMI in relation to the Private Healthcare Market Investigation; for Aer Lingus in its dispute over Ryanair’s protracted hostile shareholding; and for Asda in the successful appeals against the OFT’s Tobacco decision. His considerable experience of competition damages cases embraces follow-on (public examples include envelopes, synthetic rubber and CRT and LCD screens) and standalone actions in the High Court and CAT, including acting for Inntrepreneur in Courage v Crehan, the first standalone damages case to go to full trial in the United Kingdom, and for Cardiff Bus in the first follow-on damages action to come to trial and to lead to a damages award. He also appeared in the leading cases on the interaction between criminal law and competition law. Recent appearances in competition cases in Luxembourg include cartel appeals and the interchange fees litigation. He is acting pro bono for ClientEarth in an important appeal in Luxembourg concerning the right for NGOs to request a review of decisions of EU bodies in the environmental sphere. Notable previous EU cases include the leading authority on legal privilege in competition proceedings (Akzo Nobel) and the landmark Microsoft appeal. He has experience of arbitrations, as counsel and as arbitrator (including recently in Queen’s Park Rangers v EFL in respect of the application of the Championship rules on Financial Fair Play).
His broader EU practice covers the areas of state aid, public procurement, IP, telecommunications and broadcasting, direct and indirect taxation, free movement and professional and financial services regulation. He was named as EU and Competition Law Silk of the Year in 2011 at the Chambers Bar Awards.
London Bar > EU LawWithin: Leading Silks -
London Bar > CompetitionWithin: Leading Silks -
For many ‘the best competition litigation set‘ Brick Court Chambers has ‘a large selection of high-quality competition law specialists who enable any instructing solicitor to have their pick of silks and juniors alike‘. The set is well-represented in all manner of major cases, such as the trucks cartel case, in which James Flynn QC, Kelyn Bacon QC, and Daniel Jowell QC represent the Road Haulage Association, Iveco, and MAN respectively. Many members are involved in the high-profile Merricks v MasterCard case, with Mark Hoskins QC representing MasterCard in defence of a claim on behalf of a class comprising the majority of the UK population. Marie Demetriou QC, in addition to involvement in the Merricks case for the claimants, also represented the Competition and Markets Authority, defeating an appeal by Ping, which was sanctioned for banning online sales of its golf clubs, the first time the issue was considered by a British court – she was against Robert O’Donoghue QC , also from chambers. The set now also includes Jon Lawrence, who was called to the Bar in 2018 after spending over two decades as a partner at Freshfields Bruckhaus Deringer LLP.