Chambers Bar Awards 2011 Winner - Set of the Year for Competition/EU
"Competition law forms the very lifeblood of Monckton Chambers. One of the real pioneers in the field, it has a tradition of handling the best work that goes back 30 to 40 years."
"An instinctive choice for competition work on account of the impressively accomplished professionals in its ranks."
Chambers & Partners UK
Monckton Chambers is acknowledged as a pre-eminent set in all areas of competition law.
We can offer specialists at every level of seniority, from leading QCs with decades of experience to junior tenants, several of whom have worked on competition cases within EU institutions and domestic regulators.
We are able to provide teams of barristers to suit every type of competition law case.
Specific areas of expertise include:
- Antitrust (Article 101 Chapter I and Article 102 Chapter II)
- Mergers and concentrations
- Modernisation and procedural issues
- Public undertakings
- Regulatory issues raising competition points
- Specific sectoral regimes
- State aid
- Competition investigations by the European Commission, Office of Fair Trading (OFT) and sectoral regulators (including the use of "dawn raids" and other investigatory powers, applications for leniency, written and oral representations, negotiating early resolution and the making of complaints).
- Merger inquiries by the OFT, Competition Commission (CC), European Commission and other merger authorities (including merger submissions, oral hearings and negotiation of remedies).
- CC market investigations.
APPEALS AND JUDICIAL REVIEW
- Applications for appeal or review to the Competition Appeal Tribunal (CAT) against decisions of the OFT, CC or sectoral regulators (including relating to infringements, rejections of complaints, mergers and market investigations).
- Judicial review of regulatory decisions in the Administrative Court.
- Appeals to the Court of Appeal and House of Lords.
- Appeals to the Court of First Instance (CFI) and the European Court of Justice (ECJ) against decisions by the European Commission.
PRIVATE COMPETITION LAW ACTIONS
- Private follow-on actions for damages in the High Court or CAT.
- Stand-alone actions in the High Court for damages and injunctions.
- Intellectual property disputes raising competition law issues (including fair, reasonable and non-discriminatory terms (FRAND)).
- Multi-party international actions (including conflicts of law).
- References by national courts of competition law questions to the ECJ.
FOREIGN JURISDICTIONS (INCLUDING ARBITRATION AND MEDIATION
Members of chambers act not only in domestic and EU cases but also in competition law actions and inquiries in many countries around the world, including in Hong Kong. We act both as party representatives and as expert witnesses on UK and EU competition law. Members also act in international competition law arbitrations and mediations.
Notable cases include (please click on the links for details):
- Ryanair Holdings plc v Office of Fair Trading (Aer Lingus Group plc intervening) (Competiton Appeal Tribunal)
- Eden Brown Limited & Others v Office of Fair Trading (Competition Appeal Tribunal)
- Enron Coal Services Limited v English Welsh & Scottish Railway (Court of Appeal)
- BAA Ltd v Competition Commission & Ryanair Ltd (Court of Appeal)
- Oxley Thread v Commission (General Court)
- BSkyB Plc, Virgin Media Inc v Competition Commission, Secretary of State for Business Enterprise and Regulatory Reform (Court of Appeal)
- IB v the Queen (Court of Appeal)
- Hutchison 3G UK Limited v The Office of Communications (Court of Appeal)
- Bouygues and Bouygues Telecom v European Commission (European Court of Justice)
- Emerald Supplies Ltd v British Airways Plc (High Court)
- National Grid Plc v ABB Ltd & Others (High Court)
- Bookmakers Afternoon Greyhound Services Ltd & Others v Amalgamated Racing Ltd & Others (Court of Appeal)
- Devenish Nutrition v Sanofi-Aventis (Court of Appeal)
- Ryanair v European Commission (European Court of Justice)
- Dwr Cymru (Welsh Water) v Albion Water & Ofwat (Court of Appeal)
- Attheraces Ltd v The British Horseracing Board Ltd (Court of Appeal)
- Ofcom & T-Mobile (UK) Ltd v Floe Telecom Ltd (Court of Appeal)
- Inntrepreneur Pub Company and others v Crehan (House of Lords)
- Office of Fair Trading & Others v IBA Health Ltd (Court of Appeal)
- Argos Ltd & Littlewoods Ltd (Replica Toys) and JJB (Replica Kits) v Office of Fair Trading (Court of Appeal)
- NAPP Pharmaceuticals v Director General of Fair Trading (Competition Commission Appeal Tribunal)
- Airtours v European Commission (Court of First Instance)
- GE Honeywell v European Commission (Court of First Instance)
Members of Monckton Chambers write, edit and/or contribute to numerous competition law publications and periodicals, including the following: Lindsay & Berridge, The EC Merger Regulation: Substantive Issues (2009); Bellamy & Child, European Community Law of Competition (6th ed. 2008); Bellamy & Child, Materials on European Community Law of Competition (2008 to date); Ward & Smith (eds.), Competition Litigation in the UK (2007); O'Neill & Sanders, UK Competition Procedure - the Modernised Regime (2007); Lasok, Millet & Howard, Judicial Control in the EU: Procedures and Principles (2004); Weinberg & Blank, Takeovers and Mergers; UK Competition Law Reports; Common Market Law Reports; Competition Law Journal; Butterworths Competition Law and Atkin's Court Forms: Competition
Members of Monckton Chambers are actively involved in the following professional organisations: Competition Law Association; Bar European Group; Law Society European Group; British Institute of International and Comparative Law; International League of Competition Law (LIDC) and the Joint Working Party on Competition Law of the UK Bars and Law Societies