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COMPETITION AND ANTITRUST

We advise on competition investigations, market power, merger issues, abuse of dominance, cartels and wider antitrust questions, combining rigorous analysis with clear commercial judgement.

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Expert in competition and antitrust cases

We have experience in all areas of competition and antitrust including restrictive practices and potentially anti-competitive agreements, abuse of dominance, mergers and market investigations.

We have provided expert testimony on competition related matters in proceedings before the European Court of Justice, Court of First Instance, UK Supreme Court, Irish High Court, UK Competition Appeal Tribunal and the Scottish Court of Session.

Many of these matters have been at the forefront of competition and antitrust law, including:

  • the first European case to apply an ‘economic approach’ to abuse of dominance;
  • the first criminal price fixing trial in Britain;
  • a significant case involving vertical ‘hub-and-spoke’ agreements;
  • an antitrust suit involving a digital platform.

We have also advised international organisations (OECD, APEC), competition authorities, law firms and private companies on competition and antitrust policy issues.

Selected competition and antitrust experience

We have experience in all areas of competition and antitrust including restrictive practices and potentially anti-competitive agreements, abuse of dominance, mergers and market investigations.

Restrictive practices and anti-competitive agreements

  • European Commission- DG Competition

    Expert report on the compatibility of mandatory interoperability arrangements with Article 101 of EU competition law

  • UK Competition Authority

    Expert reports on alleged horizontal market power and resale price maintenance under Chapter I of the UK Competition Act as part of its Tobacco investigation.

  • Australian Competition and Consumer Commission

    Expert advice on a proposal by a consortium to provide fibre broadband services

  • Lithuania Competition Council

    Expert report submitted to a National Competition Council examining the compatibility of Non-Life Insurance activities with Article 101 of the EU TFEU.

Abuse of dominance

  • European Commission- DG Competition

    Numerous expert reports regarding potential abuse of a dominant position by a large technology company under Article 102 of the TFEU

  • UK Competition Authority

    Expert opinion in an investigation into an alleged excessive pricing by an independent electricity distribution network operator

  • Australian Competition and Consumer Commission

    Expert advice in its investigation of an alleged margin squeeze in the supply of broadband and communications services.

  • New Zealand Commerce Commission

    Expert report on the use of the ‘hypothetical efficient competitor’ under New Zealand competition law

Mergers and acquisitions

  • US Department of Justice

    Expert report on the competitive effects of a merger in the entertainment industry

  • UK Competition Authority

    Expert advice to a regulator on a merger in the energy industry

  • South African Competition Commission

    Expert report on the competitive effects of a merger involving two large manufacturing companies

Market Investigations

  • Chile Federal Economic Prosecutor

    Expert report as part of its market Investigation into the gas and LPG markets.

  • UK Competition Authority

    Expert report for the Market Review of indirect access to payment systems

  • UK Competition Authority

    Expert advice as part of a review of a financial services market