UK
When you are choosing a legal partner, we believe you will always be in the best position if you select a law firm that understands your world. When it comes to antitrust and competition law, you need experts on hand that can provide strategic advice based upon extensive experience. Your competition lawyer needs to understand the issues that will affect you now, and in the future.
We take the time to gain an overview of your goals and to understand how these fit into your wider commercial ambitions. We combine first-class legal expertise with a deep understanding of evolving policy, providing you with practical advice on how to promote and protect your business interests.
What is antitrust and competition law?
Antitrust and competition law exists to ensure that markets are competitive. Infringements of competition law and antitrust violations can have significant financial and reputational consequences for companies. They can also affect individuals if criminal sanctions and director disqualification orders are imposed.
Amongst other aspects, antitrust and competition law:
- prohibits arrangements that restrict competition (e.g. under Article 101 of the Treaty on the Functioning of the European Union, and the Chapter I Prohibition of the Competition Act 1998), including price fixing cartels;
- prohibits conduct which is an abuse of a dominant position (e.g. under Article 102 of the Treaty on the Functioning of the European Union, and the Chapter II Prohibition of the Competition Act 1998);
- enables authorities to intervene in mergers and joint ventures, potentially blocking deals, or ordering that these are undone;
- applies to distribution arrangements, including in relation to e-commerce and online sales;
- applies to the licensing and enforcement of intellectual property rights, including patents;
- enables authorities to investigate markets and sectors, potentially imposing market or sector-wide remedies to address any identified competition concerns; and
- prohibits certain forms of State aid, preventing support from public bodies giving companies advantages over their competitors.
Antitrust and competition law can be complex, with its application evolving constantly as markets emerge and develop. New products and services are always raising novel questions and issues to consider. Developments may present opportunities but they also present challenges and compliance risks.
Working across our offices, our team is at the forefront of legal developments. We have a proven track record of enabling businesses to achieve their commercial goals in compliance with antitrust and competition law.
Clients worldwide trust and value our expertise and see the team as an extension of their own in-house legal function (with the added benefit of external counsel legal privilege).
Antitrust and competition law services
Investigations of suspected infringements of antitrust and competition law can lead to significant financial penalties and - in some jurisdictions - director disqualifications and prison sentences for individuals. In the event of an investigation, the need for experienced legal support is very real and absolutely time-critical. This is even more so when the antitrust enforcement investigation is a 'dawn raid' (i.e. an unannounced inspection).
With our team of dawn raid experts located across our offices, you can rely upon us to manage the most complex of competition law investigations. We provide clarity and certainty during the course of any investigation. We draw on our significant experience to ensure that clients receive the timely strategic advice they need - whether it's a question of how to assert legal privilege during a dawn raid, how to apply for leniency, or how to defend the company's position.
We will work with you closely to agree a strategic response to the investigation, and ensure that this is deployed quickly and effectively.
With a growing number of merger control regimes worldwide, competition authorities are ever more active in investigating deals. If you are planning strategic acquisitions, mergers or joint ventures, you will need to consider whether merger control issues read onto your deals, and if so, how these are best addressed.
We understand the importance of identifying merger control issues as early as possible. We ensure that the route to securing merger clearance is planned, understood and addressed within the deal timetable.
Our experience encompasses a range of transactions in a variety of sectors; we have successfully secured merger control clearances in multiple jurisdictions, both within and outside of the EU.
Our team is highly experienced in advising on complex intellectual property (IP) cases. We have particular expertise in relation to antitrust and competition law issues arising from:
- asserting IP rights, including seeking injunctions in relation to patents declared essential to standards (SEPs) that are covered by FRAND (or RAND) commitments;
- licensing IP rights, including in the context of competitors licensing rights; and
- agreeing to end disputes regarding IP rights, including agreements to settle patent litigation.
- We identify and manage competition and antitrust law risks in relation to the use of IP rights. We also advise upon actions that may be taken to ensure that competitors comply with antitrust and competition rules when asserting their IP rights.
Working closing with our award-winning IP team, we have successfully commenced and defended IP-related antitrust and competition law actions and complaints in multiple jurisdictions, including in the UK and the EU.
Our award winning team is highly experienced in antitrust and competition litigation. If you need to obtain an injunction, reach a timely settlement, or defend an action for damages, you will need advisers who can act strategically, commercially and quickly.
We have extensive dispute resolution experience, and are trusted by national and international clients in major disputes in which legal precedents are established. For example, we have successfully commenced and defended antitrust and competition law actions before the courts of England and Wales, and the UK's Competition Appeal Tribunal.
Understanding your aims enables us to devise and implement innovative strategies to strengthen and advance your position in any ongoing disputes. Our team has the capacity and capability to provide the approach you need in any matter.
We ensure that clients' distribution arrangements are compatible with antitrust and competition law within the UK and the EU.
If you already have distribution arrangements in place, we can conduct an initial compliance audit. We will provide you with a practical overview of any issues and how these can be addressed.
If you intend to implement or re-organise your distribution network, we can assist you in determining which distribution model is best suited to your commercial aims (e.g. agency, selective distribution, exclusive distribution). We can then support you in implementing this model within the UK and the EU, including imposing restrictions upon how your brands are presented online.
With State aid issues attracting increasing scrutiny, we advise a broad range of clients to ensure that their arrangements comply with the relevant legal framework.
We immerse ourselves in the detail of clients' arrangements. We quickly identify any areas giving rise to potential compliance concerns, and provide pragmatic advice upon how to manage these risks.
Antitrust and competition law specialists with practical experience
[The team] excels at advising on cartels, contentious matters, …merger control issues, and on the competition law aspects of distribution agreements and other commercial arrangements. The Legal 500 (UK)
Our work across a wide range of sectors and matters enables us to provide our clients with the advice they need, when they need it. Examples of previous past engagements include:
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Dawn raids and investigations
Advising an energy supplier in an investigation by a national authority into a suspected market sharing cartel. This included attending the dawn raid and defending the client throughout the investigation, including before the authority at Oral Hearings. Our work on this matter was "Highly Commended" at the British Legal Awards.
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Competition law and antitrust litigation
Advising Thai Airways in defending a multi-million pound action for damages brought before the High Court of England and Wales following the European Commission’s cartel decision in respect of air cargo. The team received Global Competition Review's annual "Cartel Defence" award for its work on this matter.
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Intellectual property
Advising a technology owner on antitrust and competition law issues in relation to patents declared essential to standards (SEPs). This included defending a complaint alleging an abuse of a dominant position made to the European Commission with regard to the enforcement of SEPs.
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Merger control
Advising companies across a range of sectors on merger control issues in relation to key strategic acquisitions and investments. This includes advising The Estée Lauder Companies on a USD 1.45 billion acquisition, and advising a provider of electrical and digital solutions on its USD 1.2 billion acquisition of a technology company.
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Distribution and e-commerce
Advising brand owners and OEMs upon competition law and antitrust issues in relation to the distribution of products within the UK and EU. This includes luxury goods, pharmaceutical products, and automotive spare parts.
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State aid
Advising a key government department on State aid issues arising from the planned award of a major long-term contract with a value exceeding GBP 1 billion.
Recognition for antitrust and competition law expertise
[The team] stands out for representing claimants and defendants in follow-on damages claims. [The team also] assists clients with the competition aspects of corporate transactions, such as merger control matters [and] advised clients on dawn raids and sector investigations.Chambers & Partners (UK)
Chambers and Partners (UK) recommends and ranks partner Bernardine Adkins as a Band 1 leading individual. Commentators describe her as "fantastic, very practical and very friendly".
The Legal 500 (UK) recommends partner Bernardine Adkins for EU and competition law, as well as for competition litigation.
The Legal 500 (UK) recommends partner Samuel Beighton, and ranks him as a "Next Generation Partner" for EU and competition law.
Our Competition and Antitrust team has recently been shortlisted in the Competition Team of the Year category for The Lawyer Awards 2020, The Legal Business Awards 2020 and The British Legal Awards 2020.
Sectors
Contact the team
Bernardine Adkins
Partner, Head of Antitrust, Competition and Trade Law (Birmingham / London / Brussels)
Bernardine has over 25 years' experience in antitrust and competition law. Providing strategic advice and support, Bernardine is utterly client-focused and brings first class technical ability to every matter on which she is engaged.
Samuel Beighton
Partner, Antitrust and Competition Law (London / Brussels)
With a background in competition law economics, Samuel's practice addresses all aspects of UK and EU antitrust and competition law. Samuel works closely with clients to enable them to grow and protect their business interests.
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For advice on competition & antitrust, contact a member of our team.
Contact the team