DANIEL BEARD QC
MA (Hons) Cambridge (First Class) Bachelor of Civil Law (BCL), Oxford
CALL DATE: 1996 SILK: 2011
Daniel Beard specialises in competition, EU, regulatory and public law. He is widely regarded as one of the Bar's leading specialists in these areas and noted as a "first rate" advocate.
He has appeared in courts from Haverfordwest to the Falklands. As well as his domestic work in the High Court, Court of Appeal and the Supreme Court, he regularly appears in the EU Court of Justice and General Court in Luxembourg.
Prior to taking silk (as one of the youngest and quickest from call in his round), Daniel was a member of the Attorney General's A Panel and won 'Junior of the Year', for EU and Competition law at the Chambers Bar Awards 2009. He is standing Counsel to the Office of Fair Trading.
COMPETITION LAW AND UTILITIES REGULATION
Daniel is recognised as an outstanding competition and regulatory lawyer and has appeared in and advised upon many of the leading cases over recent years. He appears regularly in the Courts and the Competition Appeal Tribunal both for private clients and regulators in damages actions, judicial review challenges and infringement appeals.
Damage actions in which he is or has been involved include those relating to the electrical carbon cartel (Emerson v Morgan Crucible); synthetic rubber (Cooper Tire v Shell); methionine (Moy Park v Degussa); gas insulated switchgear (National Grid v ABB); generic drugs (NHS v Norton); rail haulage (ECSL v EWS); and air cargo (Emerald v BA).
Mergers and market investigations
Daniel has a great deal of experience of merger and market investigation advisory and litigation work including cases such as Interbrew v MMC (Interbrew/Bass); IBA v OFT (Isoft/Torex); Sky v Competition Commission (Sky/ITV); Eventim v Competition Commission (LiveNation/Ticketmaster); Ryanair v OFT (Ryanair/Aer Lingus); Tesco v Competition Commission (groceries investigation); and BAA v Competition Commission (airports inquiry).
He has acted in numerous CAT appeal cases including GISC v OFT(insurance); Apex v OFT (roofing); Brannigan v OFT (newspapers); and Kier and others v OFT (construction).
He has a broad knowledge of utilities regulation particularly in the energy and telecommunications and media fields. In relation to energy matters, for example, apart from advising regularly on regulatory issues he has acted in the only energy licence modification reference considered by the Competition Commission (the market abuse condition reference) and in the only licence modification appeal to go to hearing (Eon v GEMA) as well as dealing with various regulatory judicial review matters.
In relation to media and telecommunications he has been involved in telecommunications appeals before the CAT such as BT v Ofcom (0880 and 0845 numbers); general media appeals such as Sky v Ofcom (Pay TV appeal); and media and telecommunications judicial reviews such as T-Mobile v Ofcom (spectrum auction).
Commercial and intellectual property litigation
In addition he has also been involved in a wide range of other commercial and intellectual property litigation involving competition and EU law issues including Philips and others (MPEG) v Harvard (IP and competition law issues); Honda v David Silver (IP and free movement); London Stock Exchange v Plus Markets (regulatory competition issues). He advises and acts in a variety of urgent injunctive relief cases.
EUROPEAN COMMUNITY LAW (UK AND EU COURTS)
Daniel has very wide experience of EU law quite apart from his competition law work. He deals with EU law issues in the domestic courts covering matters from interpretation of EU legislation to Francovich damages claims. He regularly appears in the EU courts in Luxembourg. The issues arising in his EU court cases have ranged from State aid to international treaties on child abduction and from air transport to the designation of Melton Mowbray pork pies. Cases include:
- C-236/09 ABC Test Achats (ECJ - unisex insurance premiums case)
- C-411/10 and 493/10 NS (ECJ - Impact of the EU Charter of Fundamental Rights and operation of the Dublin Regulation on asylum).
- C-71/10 Sitefinder (ECJ - environmental data access regulations in relation to mobile phone masts)
- C-497/10PPU Mercredi (ECJ - urgent procedure parents rights in relation to child taken overseas)
- C-169/06 Northern Foods Plc -v- UK and The Melton Mowbray Pork Pie Association (ECJ - protection of geographical indications and designations of origin for agricultural products and foodstuffs)
- C-402/07 & C-432/07 Sturgeon & Others -v- Condor Flugdienst Gmbh and Bock and Lepuschitz V Societe Air France Sa (ECJ - acting for the UK Government in references to the ECJ on air passenger compensation)
- T-144/02 Eagle -v- European Commission (Court of First Instance - successful damages claim against the EC for unlawful discrimination)
- C-431/04 Massachusetts Institute of Technology (ECJ - pharmaceuticals intellectual property licensing)
- T-116/01 P & O European Ferries (Vizcaya) SA -v- European Commission (Court of First Instance - State Aid, actions for annulment, purchase of services by state at market price)
He has also been involved in a large number of EU cases concerning sanctions imposed against terrorists or those suspected of involvement with oppressive regimes or nuclear proliferation. Cases include:
- T-85/09 and C-595/10P Kadi v Council and United Kingdom v Kadi (General Court and ECJ - sanctions on suspected terrorist concerning fundamental rights and the interaction between EU law and international law, in particular in relation to UN Security Council Resolutions)
- T-181/08 Pye Phyo Tay Za -v- Commission (Court of First Instance - Challenge to EC sanctions regulations relating to Burma)
- T-145/09 Bredenkamp v Commission (General Court - challenge to sanctions relating to Zimbabwe)
- C-548/09 Bank Melli (ECJ - challenge to sanctions relating to Iranian nuclear proliferation programme)
PUBLIC & ADMINISTRATIVE LAW AND HUMAN RIGHTS
Daniel has advised and appeared for a broad range of clients in relation to public and administrative law and human rights matters. He has acted in relation to judicial review and public law challenges in relation to a range of regulatory matters including: telecommunications; energy; media plurality; mergers and competition procedure. He has also acted in a large number of general public law and human rights matters from library closures to war pensions.
- Guantanamo Bay Litigation - Deghayes and others and Al Rawi v Security and Intelligence Services, Foreign Office, Home Office (High Court; Court of Appeal; Supreme Court - damages claims by Guantanamo Bay detainees and use of closed material procedures in civil proceedings)
- ZO (Somalia) -v- Secretary of State for the Home Department (Supreme Court - EU and immigration law)
- Viggers -v- Pensions Appeal Tribunal (Administrative Court - war pensions)
- Quark Fishing v Secretary of State for Foreign and Commonwealth Affairs (House of Lords - territorial ambit of the Human Rights Act; public law damages)
- Bullivant -v- Home Secretary (Administrative Court - Control Order proceedings; quashing of Control Order)
Daniel has developed vetting security clearance and has worked on a range of security related matters. He has also acted as a Special Advocate in relation to SIAC and Control Order cases (including the quashing of a Control Order in the Bullivant case).
PUBLICATIONS, SPEAKING and MEDIA
Daniel has written numerous articles on competition and public law. He was a founder of the Competition Law Journal, Jordan Publishing. He speaks regularly on competition, EU and public law matters and has appeared on the BBC and Channel 4 News.
Contact Daniel Beard QC