Competition law is a complex but important area of law. The fines that can be levied by competition authorities can be extremely high and private litigation relating to infringements of competition law are becoming increasingly common.
We advise on a wide range of commercial disputes and regulatory investigations relating to EU and UK competition law. This includes advising on:
- commercial disputes involving alleged infringements of Article 101 (prohibition on anti-competitive agreements) and Article 102 (abuse of a dominant position) of the Treaty on the Functioning of the EU, and the equivalent provisions under UK law
- mergers and working with the CMA
- ‘follow-on’ and ‘standalone’ damages actions in respect of infringement decisions
- regulatory investigations by the Competition & Markets Authority and European Commission, including cartel investigations and investigations in relation to alleged anticompetitive agreements in distribution agreements and alleged resale price maintenance
We are also able to attend dawn raids held by competition authorities. If you are subject to a dawn raid and need assistance, please contact one of the key contacts listed.
Service of a Claim Form by email – get it wrong at your peril27 March 2018
Communicating by e-mail is common practice. However unless you adhere to the procedural steps required by the Civil Procedure Rules service of a claim form by email will be defective. The Supreme Court’s decision considered whether to grant relief from sanctions to an unrepresented party for failing to adhere to the procedural steps. The fact that the claimant was unrepresented was of no assistance as the rules were clear leaving the claimant with an expired claim form and a claim likely to be statute barred.
This is my advice. By the way, it might be wrong!05 March 2018
When do solicitors have to warn their client that the advice they are giving may turn out to be incorrect? The Court of Appeal has recently considered this issue.
Early Specific Disclosure Applications – factors the court will consider22 January 2018
A decision in the Technology and Construction Court (“TCC") sheds light on the applicable test for early specific disclosure and the relevant considerations in making a successful application. Applications for early specific disclosure are relatively rare so the judgment provides helpful guidance.
English courts and overseas defendants: jurisdiction challenges and the “two-fold test”15 January 2018
When a dispute involves a foreign party or events that took place in another jurisdiction, questions often arise as to where the dispute should be determined.
Compulsory mediation?11 January 2018
In October 2017 the Civil Justice Council (CJC) published its interim report on the future role of alternative approaches to dispute resolution (ADR). The report makes various recommendations as well as inviting responses. It follows input from a working group tasked in January 2017 to examine uptake of ADR in civil justice. The primary purpose of the report is to find ways to encourage its use.
Disclosure in English litigation: a sea change is coming09 January 2018
English rules on disclosure (‘discovery’ in many jurisdictions) are set for a major overhaul. Draft rules were published in November 2017. Once approved by the Civil Procedure Rules Committee, the resulting draft is intended to be introduced as part of a pilot scheme lasting 2 years, potentially beginning in April 2018 and running in the Business and Property Courts. This will cover virtually all High Court litigation. It will not be optional.
Erosion of privilege – Law Society seeks to intervene08 January 2018
The Law Society is applying to intervene in the upcoming appeal of the landmark privilege decision in Serious Fraud Office (“SFO”) v Eurasian Natural Resources Corporation Limited (“ENRC”).
Use of disclosed documents to threaten new proceedings was a breach of court rules and may amount to a contempt of court by the solicitor and client12 December 2017
The Civil Procedure Rules (CPR) provide that using documents disclosed in existing proceedings (except for the specific purposes allowed) breach the rules. CPR 31.22 provides various exceptions to when a document disclosed in a set of proceedings may be used. Any use outside of the rules could also amount to a contempt of court. Both the client who relied on the solicitor’s advice and the solicitor may be equally vulnerable to the contempt proceedings where there is no evidence of deliberate or reckless misconduct by the solicitor.