EU & Competition Law

Our team of EU and competition law 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. 

• Advised train operating companies on permissible behaviour in the context of abuse of dominance prohibition.   
• Defended an equities trading exchange against claims of abuse of dominant market position.   
• Advised a medical devices company on strategic and market issues relating to suppliers with a dominant market position.    
• Defended an equities trading exchange against claims of abuse of dominant market position.    
• Advised a major online services provider on competition compliance, and on the use of competition law in commercial negotiations with dominant suppliers.   
• Advising on EU competition and compliance for a large generic pharmaceutical manufacturer. 

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 straightforward as it may seem. We regularly guide clients through the competition law rules to ensure that they remain compliant. 

• Advised a clothing supplier on the competition law compliance of restrictions it imposes on retailers as part of its distribution strategy.   
• Advised a global shipping firm on the terms of a joint venture from a competition law perspective guiding an automotive sector client through a UK merger control notification process.    
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.    
• Advised on designing and implementing internal competition law compliance programmes for a trade association.    
• Advised and led on a project to deliver a wide range of compliance policies and accompanying training sessions to a real estate investor and developer, including on competition law, anti-money laundering, anti-bribery, data protection and document retention.    
• Advising on competition law and regulatory implications of generic and proprietary pharmaceutical pricing.    
• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.   
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.   
• Advised several leading pharmaceutical companies on a broad range of complex distribution issues and collaboration agreements.   
• Assisted several clients across a range of industries with conducting multijurisdictional merger control analyses as well as assessing market impact of proposed transactions in the context of developing new products.   
• Advising on the competition law implications of JVs in both the pharmaceutical and medical device sectors.   
• Successfully defended a CMA investigation into UK online pricing arrangements in the NHS.    
• Successfully defended a CMA investigation into UK online pricing arrangements in the rental agency market.    
• Advising UK regulatory authority on the application of EU and UK regulation to the fulfilment of its core regulatory and review functions.   

Businesses 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. Our EU and competition lawyers advise on electronic trading, licensing of digital rights, rules relating to online markets, geo-blocking, the use of price comparison sites, and models of selective distribution, and we regularly assist our clients in navigating complaint solutions while maximising their commercial objectives. 

• Advised a clothing supplier on the competition law compliance of restrictions it imposes on retailers as part of its distribution strategy.   
• Advised several leading pharmaceutical companies on a broad range of complex distribution issues and collaboration agreements.   
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.   
• Advised a major online services provider on competition compliance, and on the use of competition law in commercial negotiations with dominant suppliers.   
• Advised several leading pharmaceutical companies on a broad range of complex distribution issues and collaboration agreements.   
• Advised on EU competition and compliance for a large generic pharmaceutical manufacturer.   
• Advised on the competition law implications of JVs in both the pharmaceutical and medical device sectors.   
• Advising a medical devices company on strategic and market issues relating to suppliers with a dominant market position.   
• Acting as specialist competition law advisor for Royal Mail Group in respect of the compliance of over 50 business proposals advice with UK competition law.    
• Advised Toni&Guy on registering its China Master Franchise Agreement with MOFCOM.   

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. 

• Advised a clothing supplier on the competition law compliance of restrictions it imposes on retailers as part of its distribution strategy.   
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.   
• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.   
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.   
• Assisted several clients across a range of industries with conducting multijurisdictional merger control analyses as well as assessing market impact of proposed transactions in the context of developing new products.   
• Successfully acted for a consortium of over 30 airlines in substantial claims against a major travel agency group.   
• Advising a major online services provider on competition compliance, and on the use of competition law in commercial negotiations with dominant suppliers.   
• Advised a medical devices company on strategic and market issues relating to suppliers with a dominant market position.

Our expert EU and competition lawyers work hand in hand with clients to develop customised competition law 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. 

• Advised a clothing supplier on the competition law compliance of restrictions it imposes on retailers as part of its distribution strategy.   
• Advised a global shipping firm on the terms of a joint venture from a competition law perspective guiding an automotive sector client through a UK merger control notification process.   
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.   
• Advised on designing and implementing internal competition law compliance programmes for a trade association.   
• Advised and led on a project to deliver a wide range of compliance policies and accompanying training sessions to a real estate investor and developer, including on competition law, anti-money laundering, anti-bribery, data protection and document retention.   
• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.   
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.   
• Assisted several clients across a range of industries with conducting multijurisdictional merger control analyses as well as assessing market impact of proposed transactions in the context of developing new products.   
• Advised on and restructuring the EEA regulatory licensing requirements for a major online services provider.   
• Advised on EU competition and compliance for a large generic pharmaceutical manufacturer.   
• Advised on EU advice relating to pharmaceutical and food labelling and borderline food/pharma issues.   
• Advised on the competition law implications of JVs in both the pharmaceutical and medical device sectors.   
• Advised on competition law and regulatory implications of generic and proprietary pharmaceutical pricing.   
• Advising on EU competition advice relating to off label use.   
• Produced new policies and procedures for a UK company transporting goods from China to reduce the risk of modern slavery issues.   
• Regular provision of public affairs advice and guidance through actual and potential changes of EU law, including the EU Digital Services and Markets Acts, the Green Deal, the Clean Vehicles Directive, the Insurance Mediation Directive, the Public Procurement Directives and many EU laws.   
• Acted as specialist competition law advisor for Royal Mail Group in respect of the compliance of over 50 business proposals advice with UK competition law.

Our EU and competition lawyers have significant expertise in assisting handling the time–consuming and sensitive issues that arise when a competition authority investigates businesses or the market in which they trade. We regularly draft written responses to requests for information arising from market–wide investigations or become involved in shaping outcomes by using investigations to raise issues that clients have found to be damaging in markets which affect their businesses. We have also assisted clients in raising issues to effect long–lasting changes to sector–specific market rules. 

• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.   
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.    
• Advising and representing client in relation to OFT investigation into outdoor advertising.    
• Successfully defended a CMA investigation into UK online pricing arrangements in the NHS.    
• Successfully defended a CMA investigation into UK online pricing arrangements in the rental agency market.    
• Advised Chinese students in successfully obtaining Skilled Worker visas.    
• Advised more than 40 enterprises from China and other countries on anti-dumping, anti-subsidy, and section 337 investigations initiated by China, US, EU, Canada, Australia, EEU, India, GCC, South Africa, and Egypt.    
• Assisted MOFCOM as a legal advisor in WTO disputes and in foreign anti-subsidy investigations against Chinese products.    
• Advised multiple enterprises from China and other countries in anti-monopoly investigations conducted by Chinese authorities.  

Our EU and competition experts are adept at advising organisations that are being acquired, merging, or in the process of changing control, on UK, EU, and multinational merger control requirements. We regularly advise on the requirements, make filings, and instruct lawyers in other jurisdictions where necessary to arrange multinational filings. We also work with economists and other experts where complex substantive filings are necessary and engage at an early stage with competition authorities to ensure that the main issues are identified so as to help shape the merger strategy and deliver commercially viable results. 

• Advised a global shipping firm on the terms of a joint venture from a competition law perspective guiding an automotive sector client through a UK merger control notification process.   
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.   
• Assisted several clients across a range of industries with conducting multijurisdictional merger control analyses as well as assessing market impact of proposed transactions in the context of developing new products.   
• Advising on the competition law implications of JVs in both the pharmaceutical and medical device sectors.   

Our leading EU and competition experts have specific–industry sector knowledge on pharmaceutical and healthcare regulation. We have many years of experience dealing with the IP, regulatory and licensing issues which are central to the application of competition law in this field, and advise on related pure regulatory matters such as labelling, advertising, and borderline food/pharma issues as well as pricing and procurement. 

• Advised on EU competition and compliance for a large generic pharmaceutical manufacturer.    
• Advised on EU advice relating to pharmaceutical and food labelling and borderline food/pharma issues.    
• Advised on the competition law implications of JVs in both the pharmaceutical and medical device sectors.    
• Advised on competition law and regulatory implications of generic and proprietary pharmaceutical pricing.    
• Advised several leading pharmaceutical companies on a broad range of complex distribution issues and collaboration agreements.    
• Advised a medical devices company on strategic and market issues relating to suppliers with a dominant market position.    
• Successfully defended a CMA investigation into UK online pricing arrangements in the NHS.

Our EU and competition lawyers understand that standardisation is an essential feature of many industries’ products and services and particularly important for interconnection in telecommunications, digital, IT, and other high–tech sectors. The standards process can be fraught with competition challenges due to the need for joint collaboration of competitors to create standard technical solutions. We work with clients to achieve competition–compliant viable structures for both sides in the standardisation debate. We also assist standard bodies themselves in their corporate governance requirements when managing the standards development process. 

• Advised a UK regulatory authority on the application of EU and UK regulation to the fulfilment of its core regulatory and review functions.    
• Advised and coordinated a multi-jurisdictional merger control project for a global conglomerate active in (and involved in an acquisition in) the electronic manufacturing sector.    
• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.    
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.    
• Advised the British Gliding Association in relation to communications with the CAA about the manner in which the CAA takes decisions in relation to changes to the UK’s airspace.    
• Advising a wide range of SMEs, such as Equazen, on how to legally trade under the TCA, including advice on rules of origin and the provision of digital services under the TCA.     
• Regular provision of public affairs advice and guidance through actual and potential changes of EU law, including the EU Digital Services and Markets Acts, the Green Deal, the Clean Vehicles Directive, the Insurance Mediation Directive, the Public Procurement Directives and many EU laws.     
• Drafted an anti-monopoly compliance report and compliance manual for China Mobile.    

Our EU and competition 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. 

• Setting up a £80 million fund for the British Business Bank and advising on several schemes, such as the Enterprise Finance Guarantee Scheme (with facilities of more than £400 million).     
• Advising North East Access to Finance on its launch of the second-generation EU structural fund to provide investment capital, financed by public sector grants and a loan from the European Investment Bank for SMEs in the region.     
• Assisted MOFCOM as a legal advisor in WTO disputes and in foreign anti-subsidy investigations against Chinese products.    
• Advised a Japanese company in obtaining clearance under security review for foreign investment in China.

Our lawyers regularly advise clients in relation to competition and regulatory issues affecting e-commerce, digital rights, broadcasting, music, collecting societies, geo-blocking, rental rights, and online distribution. We also have vast experience in a wide range of telecommunications regulatory and competition law matters including local loop unbundling, universal service provisions, interconnection agreements, standardisation, and wholesale pricing margin squeeze. 

• Assisted a global brand in the context of EU antitrust investigations concerning Big Tech companies.    
• Assisted a prominent social networking company in the context of various high-profile market investigations launched by the UK Competition and Markets Authority and the European Commission.    
• Advised a major online services provider on competition compliance, and on the use of competition law in commercial negotiations with dominant suppliers.    
• Advised on and restructuring the EEA regulatory licensing requirements for a major online services provider.    
• Regular provision of public affairs advice and guidance through actual and potential changes of EU law, including the EU Digital Services and Markets Acts, the Green Deal, the Clean Vehicles Directive, the Insurance Mediation Directive, the Public Procurement Directives and many EU laws.     
• Drafted an anti-monopoly compliance report and compliance manual for China Mobile.    
• Advised multiple foreign enterprises in setting up or dissolving their subsidiaries in China.    
• Advised a Japanese company in obtaining clearance under security review for foreign investment in China.

The competition and regulatory issues applicable to travel and air transport are complex and highly technical. Our team of leading EU and competition specialists is experienced in advising clients through a number of issues, including IATA licensing and bonding, code sharing agreements, GDS contracts and positioning, air ticket pricing, slot allocation, package travel regulations, passenger compensation, air space change and air navigation law and regulations, airline joint ventures and mergers, and air operation licensing and ownership. 

• Acting for major travel groups and advising with requirements imposed by regulatory bodies.    
• Advising IATA internationally on diverse legal issues over many years.    
• Supported the client with specific Travel and Aviation Regulatory advice to divest themselves of a number of travel companies within their international group. The structure of disposals was diverse and challenging specifically concerning airline and IATA relationships and resultant financial backing and securities underlying the substantial transaction as well as CAA issues arising from ATOL bonding levels.    
• Advising on and project managing the regulatory approval process for the EEA business expansion of a major multinational travel provider.    
• Provided specific travel and aviation regulatory advice to client who wanted to divest themselves of a number of travel companies within their international group. Structure of disposals was diverse and challenging from a regulatory point of view and expert regulatory advice was needed.    
• Advised and represented Lasham Gliding Society (LGS) the UK’s largest gliding club (and one of the largest gliding clubs in the world) in relation to the Airspace Change Proposal (ACP) made by TAG Farnborough in which a large volume of controlled airspace close to LGS was sought.    
• Advised the British Gliding Association in relation to communications with the CAA about the manner in which the CAA takes decisions in relation to changes to the UK’s airspace.    
• Advised on judicial review proceedings against the CAA in relation to its TAG Farnborough Airspace Change Proposal “ACP” Decision.    
• Advised train operating companies on permissible behaviour in the context of abuse of dominance prohibition.