MA (cantab) First class, BCL (oxon)
CALL DATE: 2000
Julian is ranked as a leading competition law junior and has been involved in a number of high-profile competition law appeals and investigations. Current and recent work includes representing Sky, TalkTalk and Everything Everywhere in a number of telecom appeals before the Court of Appeal, CAT and CC, the NHS in competition law damages actions against pharmaceutical companies and the OFT in a restitution claim relating to fines imposed in its construction decision. He represented Tesco in its successful CAT review of the CC's grocery inquiry remedies, having previously advised during the inquiry stage. He has been involved in several s.120 challenges to OFT merger decisions before the CAT, and also in High Court actions involving adidas and the ORR. He is a member of the Attorney General's B Panel of Junior Counsel to the Crown and regularly advises the OFT and the CC as well as private parties on competition issues.
- Lindum v OFT (restitution claim in the High Court)
- BT, Sky, TalkTalk, Cable & Wireless, Virgin Media and Verizon v Ofcom (Ethernet appeals under s.192 CA03 before the CAT, representing Sky and TalkTalk).
- NHS v Servier (competition damages claim in the High Court)
- BT, Sky and TalkTalk v Ofcom (LLU appeals under s.193 CA03 before the CAT and CC, representing Everything Everywhere).
- CC market investigation into Sky Movies
- BT, Everything Everywhere, Three and Vodafone v Ofcom (MTR appeals under s.193 CA03 before the CoA, CAT and CC, representing Everything Everywhere)
- Ryanair v OFT (s.120 CAT review and CoA appeal)
- Ofcom investigation into competition issues in the UK TV advertising trading mechanism
- Ofwat margin squeeze investigation (CA98)
- House of Lords Select Committee on Communications inquiry into the regulation of TV advertising
- Grocery Market Inquiry (s.179 CAT review and CC market investigation, representing Tesco)
- Coop/Tesco (CC merger inquiry, representing Tesco)
- adidas v ITF and tennis Grand Slams (High Court)
- GNER v ORR (High Court judicial review)
- Cooperative Group Limited v OFT (s.120 CAT review)
- Celesio AG v OFT (s.120 CAT review)
- Re newspaper and magazine distribution (industry request for OFT Opinion)
- Somerfield v CC (s.120 CAT review)
- Legal advisor to the ITV CRR adjudicator
- The Racecourse Association & Others v OFT(OFT Decision and CAT Appeal)
- English Welsh and Scottish Railway Limited (ORRCA98 investigation)
- Store Card Credit Services Inquiry(CC market investigation)
- Re theOrders and Rules of Racing(OFT investigation and High Court judicial review)
Julian has successfully represented private parties and regulators in a number of leading competition law cases. These include Tesco's CAT review of the CC's grocery inquiry remedies, and the action by adidas in the High Court for an injunction against the tennis Grand Slams and the ITF. He has represented Sky, TalkTalk and Everything Everywhere in a number of appeals against Ofcom telecom decisions. Other cases include s.120 judicial review challenges to OFT merger decisions in the CAT (Ryanair, Somerfield, Celesio and CGL), competition law damages actions and the High Court judicial review brought by GNER against the ORR. He has advised the OFT and CC in several inquiries, including Sky Movies, Newspaper and Magazine Distribution, Store Card Credit Services and Re the Orders and Rules of Racing. He regularly advises private clients in relation to a wide range of competition law issues, including the compatibility of commercial agreements with the CA98, Articles 101 and 102 and block exemption regulations. Julian has developed particular expertise in the following areas.
Judicial review in a competition law context
- BT, Everything Everywhere, Three and Vodafone v Ofcom  EWCA Civ 154, from  CAT 11
- Ryanair v OFT (2011)
- Tesco v CC  CAT 9
- GNER v ORR  EWHC 1942 (Admin)
- CGL v OFT  CAT 24
- Celesio v OFT  CAT 4
- Somerfield v OFT  CAT 9
- Co-author of 'Judicial review in a competition context' in Competition litigation in the UK (Sweet & Maxwell, 2005) Several of these cases (Ryanair, CGL, Celesio and Somerfield) concerned mergers, in relation to which Julian advises and assists with submissions to the OFT and CC.
Competition law in sporting industries
- adidas v ITF and tennis Grand Slams  EWHC 1318 (Ch)
- The Racecourse Association v OFT  CAT 29
- Re the Orders and Rules of Racing (OFT investigation)
- Advising in relation to the sale of Premier League media rights
Competition law in consumer markets
Market definition in retail markets, and in particular isochrone and diversion ratio analysis (CC Grocery Inquiry, Somerfield and Celesio), and competition analysis in consumer markets more generally (Newspaper and Magazine Distribution, Store Card Credit Services).
The media sector
Julian is the Legal Adviser to the ITV Adjudicator, established following the merger between Carlton and Granada to establish ITV. He was instructed in relation to Ofcom's consultation as to whether to refer competition issues in the TV advertising trading mechanism to the CC under the Enterprise Act 2002, in the inquiry by the House of Lords Select Committee on Communications into the regulation of TV advertising, and the reviews of the CRR undertakings imposed on ITV carried out by Ofcom and the CC. He has also acted in cases concerning and advised on the sale of horseracing and football media rights.
Quantitative statistical analysis
Julian has postgraduate training in quantitative statistical analysis (sometimes referred to as econometrics) of the sort often relied on by the OFT and CC in competition inquiries (and is familiar with Stata). He worked closely alongside Frontier Economics (Simon Gaysford, David Parker) on the regression analysis aspects of the CC's grocery market inquiry.
Julian has represented parties in proceedings under the Consumer Credit Act 1974 and Estate Agents Act 1979. He has also advised in relation to the following pieces of UK consumer legislation:
- Consumer Credit Act firstname.lastname@example.org+44 20 7405 7211
- Control of Misleading Advertisements Regulations 1988
- Unfair Terms in Consumer Contracts Regulations 1999
- Consumer Protection (Distance Selling) Regulations 1999
- The Electronic Commerce (EC Directive) Regulations 2002
- Part 8 of the Enterprise Act 2002
PUBLIC LAW (INCLUDING HUMAN RIGHTS, ENVIRONMENTAL AND PROCUREMENT LAW)
Julian has been involved in applications for judicial review in the High Court and to the CAT under s. 120 of the Enterprise Act. He also has experience of and a keen interest in a wide range of Public Law and Human Rights issues. He is the co-author of 'Judicial review in a competition context' in Competition litigation in the UK (Sweet & Maxwell, 2005) and previously served on the ALBA committee and taught Administrative Law to final year undergraduate students at Oxford University.
A number of Julian's cases have concerned investigations and decisions in regulated industries. He has recently been involved in a number of appeals against Ofcom telecom decisions, appeared in the High Court in GNER v ORR and advised the ORR in its Competition Act investigation into English Welsh and Scottish Railway Limited. He is currently advising OFWAT in a margin squeeze investigation, and has previously advised OFWAT as to whether and how it should take enforcement action against a water and sewerage under the Water Industry Act 1991 and in relation to the establishment of the WSRA.
Contact Julian Gregory