Competition Law
Understanding competition law can help businesses to break down barriers, enter markets, grow their presence, compete effectively, collaborate legitimately and drive an ethos of compliance within their organisation.
Competition law, in its many guises, can touch on multiple areas of commercial activity. If you are buying or selling a company you may need to have the effects of that deal on competition in the market assessed, and you may need to get clearance in advance of completion from one or more merger control authorities. Your supply chain and distribution arrangements need to be designed to manage competition law risks associated with exclusivity, controls over pricing, trading restrictions and other controls. If you collaborate with competitors, engage in R&D, own and exploit intellectual property there are specific rules to take into account.
I specialise in supporting my clients in understanding legal frameworks, navigating the regulatory landscape, and achieving their commercial objectives in a compliant way. If you find yourself on the wrong end of an allegation of anticompetitive behaviour, or the focus of a dawn raid by a regulator, I can assist you in assessing the risk, developing a strategy and help you resolve the issue.
My approach is to work with you to demystify the law, make it relevant to your business and help to demonstrate how developing a culture of compliance can bring commercial benefits. I will translate the jargon and give you practical advice that fits your strategic objectives and is feasible to implement.
- Advising on the impact of competition rules on day-to-day operations and business decisions and growth strategies
- Assisting with distribution, sales and marketing arrangements, including pricing policies
- Advising on antitrust aspects of competitor cooperation and IP licensing
- Preparing and implementing competition compliance policies and procedures, including dawn raid defence systems
- Providing competition compliance training
- Assisting with sector specific competition issues
- Jurisdictional threshold analysis on a global basis
- Coordinating merger filings in multiple jurisdictions, where necessary working with economists and local counsel
- Managing information requests and regulatory submissions
- Obtaining clearances for mergers and joint ventures, including negotiating consent decrees and structural and behavioural commitments
- Liaising with merger control authorities and representing parties in investigatory hearings
- Advising on transaction structures, the antitrust aspects of the transaction documentation and the establishment of clean teams to ensure competition law compliance during due diligence and in integration planning
- Providing dawn raid support
- Advising companies subject to investigations of cartels and abuse of dominance
- Structuring and managing internal investigations into potential breaches
- Managing large scale document reviews
- Liaising with international and national regulators, including the UK’s Competition and Markets Authority and the European Commission
- Managing responses to information requests and drafting regulatory submissions
- Making leniency applications and negotiating settlements
- Appeals
Regulatory Law
Utilities in England and Wales are the subject of dynamic and rigorous regulation, impacting all aspects of operations. My focus is on the economic regulation of utility markets through price controls, as well as the interaction of the incumbent monopoly companies with competitive markets. I have particular experience advising on these issues in the water sector and have acted on multiple price control challenges to the Competition and Markets Authority in both the water and air traffic control sectors.
I support my clients in the interpretation of the regulatory framework as expressed in legislation, licences and regulatory guidance and its application to strategic decisions and operational activities. I combine my understanding of the law with an awareness of the political, economic, sociological and other factors that influence policy development and enforcement trends.
My approach is to help my clients anticipate opportunities and threats, and to assist them in developing proactive and reactive strategies to effectively manage and mitigate competition law and regulatory risks and maximise the commercial possibilities.
- Advising on the development of business plans and building up an evidence base
- Supporting clients through a price control review process, including responding to draft determinations
- Preparing for potential price control challenges to the CMA, including risk benefit analysis of a potential redetermination
- Supporting clients through a CMA price control challenge process, including advice, drafting and advocacy
- Advising on the potential for interim determinations
- Advising companies that are the subject of allegations of anti-competitive conduct
- Supporting companies through regulatory investigations
- Designing and implementing competition compliance programmes
- Providing competition risk assessments of operational activities and commercial strategies
- Assisting companies in preparing for the opening of new contestable markets
- Providing regulatory advocacy services
- Advising companies on legitimate options for collaboration with competitors and other market participants
- Assisting utilities in navigating their regulatory landscapes
- Supporting water companies on sector specific issues
- Advising on the interpretation, modification and enforcement of licence conditions
- Providing regulatory advocacy
- Assisting with resolution of regulatory disputes
- Advising on the application of the freedom of information regimes
