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Competition Disputes

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.

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The ‘Dominant Purpose Test’ Applies to Legal Advice Privilege For Now – But Will it Stay That Way?

28 May 2019

The aviation regulator, the Civil Aviation Authority (“CAA”), has reportedly asked the Court of Appeal for permission to appeal a High Court ruling that the dominant purpose test applies to legal advice privilege. The High Court itself refused permission to appeal, confirming its earlier ruling that if a multi-addressee email is sent internally to non-lawyers for the dominant purpose of seeking commercial views, and an in-house lawyer is copied in – for information or even for legal advice – the email as sent to the non-lawyer is not protected by legal advice privilege unless it (or any response) discloses the nature of the legal advice.

Court of Appeal allows inspection of documents despite the risk of foreign prosecution

07 May 2019

The Iranian bank, Bank Mellat, has lost its Court of Appeal bid to withhold customer documents from inspection in the English Courts despite the risk that this may expose the bank to prosecution in Iran.

Contract law update: Recent developments and practical tips

02 May 2019

We would like to invite you to our next seminar where we will be discussing recent developments in contract law.

Dispute Resolution Update - April 2019

24 April 2019

Welcome to our April 2019 Dispute Resolution Update which brings you news and our views on law and practice for dispute resolution. We’ve included articles on domestic disputes and international disputes, including summaries of recent cases. We have also included client guides on key aspects of dispute resolution.

A guide to the litigation process

21 March 2019

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

A guide to the litigation process including guidance on the disclosure pilot scheme

21 March 2019

If you are involved in a dispute you need to know: what options there are for resolving the dispute; what litigation involves; the steps from the start of proceedings to trial; what parties to proceedings have to do; the fundamentals of court procedure; how to use legal advisers efficiently and cost effectively; and what happens after judgment.

Going out on a limb - English courts and overseas defendants: jurisdiction challenges and the “three limb” test

06 February 2019

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. The forum in which the dispute is determined can make a great deal of difference. It is therefore important for potential litigants to know where they can commence proceedings and whether they can resist claims brought against them in the “wrong” jurisdiction. In a recent case the English Court of Appeal considered the test that will apply when deciding whether to permit a claimant to sue a “foreign” defendant in this jurisdiction. This article was originally published in the Commercial Litigation Journal in the March/April edition.

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