EU & Competition Law

Our team of experts understand the additional responsibilities given to companies with significant market power not to use that power in a way which reduces, restricts or distorts competition. We regularly advise companies that hold or may hold dominant market positions to determine whether the rules affect them and if so how they can ensure compliance with the minimal disruption to their commercial positions.

Whilst, cartels are arguably the most obvious and the most serious breaches of competition law, our experience has taught us that what sometimes amounts to cartel behaviour is not as straight forward as it may seem. We regularly guide clients through the confusing rules to ensure that they fully understand them and we are always on hand to defend them if anything goes wrong.

We are fully aware that companies involved in distribution or supply agreements, IP licensing or joint ventures are often subject to agreements which contain restrictive terms such as non-compete, MFN or exclusivity clauses. We work with these companies to review their agreements to ensure that these provisions continue to be lawful and enforceable. We fully understand that the new challenges arising from electronic trading raise additional competition issues which interface with licensing of digital rights, rules relating to on-line markets, geo-blocking, the use of price comparison sites as well as impacting models of selective distribution, and we regularly assist our clients in navigating complaint solutions while maximising our their commercial objectives.

Our team of competition law experts works closely with clients to ensure that competitors or suppliers do not breach their commercial arrangements and if necessary lodge complaints with regulators on their behalf. We have successfully resolved disputes and influenced commercial negotiations to the advantage of our clients; as well as influenced market investigations and complaints with the use of competition law arguments. We regularly tackle unlawful behaviour by our clients’ competitors or suppliers when they abuse the dominant market positions or other breaches of competition law in order to gain unfair commercial advantages.

We understand the full extent to a company if found guilty of breaching competition law. We work hand in hand with clients to develop customised compliance policies, and to identify areas of risk, training and review needs. We also have specific expertise in advising on specific practices and commercial agreements.

Our lawyers regularly help clients to identify when they are receiving state aid and to determine any exemptions applicable or notify and seek approval where necessary. The need to avoid receiving an illegal state aid as part of any investment agreement is essential in order to have the security that funds provided will not be unlawful.