Antitrust damages claims

Recent experience includes:

• EE in its successful defence of a High Court claim brought by the administrators for Phones4U against multiple defendants relating to breaches of Article 101/Chapter I (Phones4U Limited v EE & ors [2023] EWHC 2826, here).
• A group of leading football agencies in an arbitration which held that rules proposed by the Football Association and FIFA were in breach of Chapters I/II of the UK Competition Act (here).
• Two pharmaceutical companies in defence of follow-on damages claims arising from the EC’s decision in Citalopram.
• A bank in the FDIC v Barclays and ors LIBOR litigation in the High Court. We also represented the bank in the European Commission investigations into interest rate derivatives (EIRDs) and a portfolio of related litigation in the UK and other jurisdictions (including a class action in Israel).
• A defendant company in a claim for damages against the CRT/CRT glass cartels.

Antitrust appeals before the Competition Appeal Tribunal

Experience includes:

• Pfizer in its successful appeal before the CAT and the Court of Appeal against CMA’s decision in phenytoin which imposed a fine of £82.4m (CMA v Pfizer and Flynn [2020] EWCA 617, here)
• Pfizer in its successful appeal before the Supreme Court, which held that costs can be recovered in successful CA98 appeals against the CMA (Pfizer and Flynn v CMA [2022] UKSC 14, here)
• A private equity firm in the appeals against the CMA’s decision in hydrocortisone which imposed fines of over £260m (Advanz and ors v CMA [2023] CAT 57), successfully overturning the CMA’s decision relating to the alleged agreements.
• A private equity firm in the appeals against the CMA’s decision in liothyronine which imposed fines of over £100m (Advanz and ors v CMA [2023] CAT 52, here), successfully obtaining a reduction in fines.
• Two pharmaceutical companies in their partially successful appeal before the Competition Appeal Tribunal against the CMA’s decision in paroxetine and in subsequent follow-on damages claims (GSK and ors v CMA [2018] CAT 4, here)
• A private equity firm in the appeals against the CMA’s decision in prochlorperazine which imposed fines of over £35m.

Antitrust investigations

Experience includes:

• A bank in the CMA investigation into UK financial services.
• A pharmaceutical company in the context of the CMA's investigation into phenytoin I and phenytoin II.
• A corporate in a European Commission investigation into the use of seller data on its online store.

Commercial litigation

Experience includes: 

• Various v News Group Newspapers (defending News Group in the phone hacking litigation).
  
• Advising a company in defence a claim for breach of confidence.