Competition Law

CMA investigations and complaints

The team has acted for numerous clients subject to cartel investigations by the CMA. This includes advice on dawn raids, whistle-blowing, applications for leniency and negotiating the terms of any proposed sanctions and remedies proposed by the CMA. We have advised clients in various sectors including construction, manufacturing, transport, shipping and sports.

We also act for clients making complaints to the CMA about anti-competitive arrangements entered into by their competitors or abuse of market power. Complaints on which we have advised have included businesses in the food & drink, energy and hospitality sectors.

Litigation

We are experts in advising on competition law issues arising in the context of litigation. We regularly advise on the enforceability of non-compete undertakings and similar contractual restrictions under competition law. The stakes can be high if a company is seeking to rely on a key provision in a contract only to be told that it cannot be enforced.

We have also been involved in challenging the enforceability of other claims under competition law, such as a demand for payment of patent royalties on an expired patent, representing clients in significant follow-on damages claims based on infringement decisions by competition authorities, and representing clients in urgent proceedings for interim orders based on alleged breaches of competition law.

Projects, Joint Ventures and commercial contracts

Provisions in contracts which infringe competition law may be deemed to be unenforceable. It is therefore important for contracts to be reviewed to ensure that the parties will be able to rely on them at a later date. For example, a supplier may want to ensure that its distributor does not sell competing products, or a distributor will need to ensure that it has exclusivity for a particular geographic area. This often involves assessing contracts under relevant block exemptions such as the block exemption which applies to distribution, franchise and other “vertical” agreements or the technology transfer block exemption which covers certain IP licences.

Compliance

Competition law compliance is a key priority for every business. Companies engaging in infringements can be fined up to 10% of total group annual turnover and anyone who is adversely affected by anti-competitive behaviour is entitled to sue the relevant parties for damages for any losses suffered as a result.

Competition law also directly impacts on individual directors. Directors may be personally liable for breaches of competition law. For example, the CMA has the power to disqualify individual directors for up to 15 years for any involvement in cartel activity. Directors may also be personally prosecuted for engaging in a cartel offence.

We advise a range of clients on competition law compliance including providing staff training and preparing competition law compliance policies.

Mergers and Acquisitions

We advise on the extent to which mergers and acquisitions are subject to the merger control rules and in particular whether a transaction meets the relevant thresholds to become notifiable to the CMA. We also assist with notifications to the CMA for clearance.