Competition Law

Our specialists advise on all aspects of EU and UK competition law, regulation and policy and help clients to navigate complex investigations before the competition authorities and regulators. We advise clients on EU and UK regulatory and legislative initiatives regarding digital services, digital markets, competition, content and consumer protection on the cutting edge of developments in this ever-changing area.

The senior members of the team each have more than 20 years’ experience advising organisations in the communications, technology and media sectors; gained working inside competition authorities, private practice in leading firms and in-house at global organisations.

We offer strategic, practical, commercially relevant advice that is jargon-free and provided in a real-world context.

We also work closely with a global network of partner firms with expertise that matches our own to ensure clients get specialist tailored advice where it is required at national level in the EU or beyond the EU and UK in other key jurisdictions. Our network of experts means we can select the best lawyer for you based on our extensive experience of working with them.

Commercial agreements and competition law

Competition law issues may arise in the course of ordinary commercial agreements or when a company is putting in place a commercial strategy, such as a licensing or distribution agreement, cooperation arrangements, an R&D agreement or a joint venture. We have extensive experience working on a wide range of commercial agreements and assessing the competition law implications and how to amend these agreements or deal structure to adapt to the competition law framework.

Dominance and unilateral conduct

We’ve advised extensively on abuse of dominance cases, with unrivalled expertise in communications, technology, media and digital sectors. Responding to the introduction of new regulation in digital sectors operating in parallel to competition law requires a depth of experience across competition and regulation to provide advice that takes the complete picture into account. We understand the imperatives and sensitivities of both complainants and defendants, and what to expect on each: from companies with leading market positions under regulatory scrutiny to complainants impacted by anti-competitive behaviour.

Competition litigation

We have an excellent track record in complex antitrust litigation in the UK and the EU as well as internationally. We’ve worked with clients involved in investigations and appeals against the European Commission to the European Courts, against decisions by UK sectoral and competition authorities, particularly the CMA and Ofcom, to the Competition Appeals Tribunal and several other international competition authorities.

We’re also experienced with standalone and follow-on competition damages claims and with negotiating remedies and commitments in settlement of disputes. We have secured major wins in both competition and in commercial disputes achieving settlement of material sums for our clients ‘out of court’. We have particular experience with securing and managing litigation funding, including deploying the first ever UK funded litigation portfolio for a FTSE 20 player.

Mergers and market investigations

Competition law is key to mergers and acquisitions and in market investigations.

Our specialists and global local counsel network advise on all aspects of EU and national merger control with experience acting for both merger parties and third parties complaining against a merger. We also advise on FDI (national security) filings and other regulatory obligations arising out a transaction. We work closely with clients to devise a notification strategy that best fits each organisation’s commercial and operational needs.

We’ve also worked on sector inquiries and market investigations in the media and technology sectors, for example the e-commerce Sector Inquiry as well as the Cross-border access to pay-TV case.

IP and competition law

Our award-winning IP team has a stellar reputation for managing and protecting your IP rights and helping you to maximise the value of your assets. We use this experience to provide innovative and pragmatic solutions when dealing with the competition law issues that frequently arise when securing and licensing IP rights – a prime example being the pay-TV case.

We can also help you with complex cross-border issues and questions in relation to geo-blocking thanks to our experience of applying competition law to the exclusive territorial licensing of copyright content. We have also advised extensively on issues relating to collective bargaining agreements with talent trade unions as well as the role of collective management organisations and collective licensing in the content sector.

State Aid/Subsidy control

State aid and subsidy control considerations affect an expanding number of businesses. Our team advise both the private sector and public bodies on all aspects of State aid/subsidy control, including in Film & TV and emerging technology sectors. We can help you to navigate the complex EU state aid rules and the post-Brexit UK subsidy regime. Equally, if you’re concerned about your competitors having benefitted from unlawful or misused aid or where a regime favours your competitors, we can guide you through the complaint procedure.