RONIT KREISBERGER

MA (Oxon) 1995, BCL (Oxon) 1997
CALL DATE: 1999

SUMMARY

Ronit Kreisberger is widely recognised as a leading senior junior in Competition and EU Law. Following 7 years as a senior associate and Solicitor-Advocate at Herbert Smith, she joined Chambers in 2005 where she "quickly won a reputation at the Bar": Chambers UK (2010). In January 2007 Ronit was listed by The Lawyer as one of the year's "Hot 100" in which she was described as a "rising star" in competition law. She was also described as one of Chambers' rising stars in Global Competition Review's 2011 Barrister Survey. Ronit has "an excellent reputation for High Court damages actions": The Legal 500 (2008) and "can take charge when others despair and frequently spots the key point that will win a case": Chambers UK (2010).

Most recently, Chambers UK 2012 describes Ronit as "impressive" and offering both "incisive analytical skills and compendious legal knowledge ... A quietly destructive advocate who produces easy-to-follow oral submissions". With "endless drive and determination", she is "intellectually stimulating to work with."

Ronit regularly appears in the High Court, the Competition Appeal Tribunal and represents clients before competition regulators such as the OFT and Competition Commission. She has particular experience in injunctions, large scale damages actions and appeals against infringement decisions/penalties.

Ronit has particular expertise in the pharmaceutical sector, sport and the licensing of media rights. She has successfully acted for Pfizer, Roche Products, Teva Pharmaceuticals in a series of claims made against them by Chemistree Homecare under Article 102. She is currently acting for the Scottish and Northern Irish health departments in their follow on claims for damages in relation to abuses in the supply of the drug, Gaviscon. Other clients have included Cathay Pacific, Vodafone, AMRAC, the Royal Mail, MAN ERF, Ballast Nedam, CDI AndersElite, the OFT and Ofgem.

Ronit is a member of the Attorney General's B Panel of Junior Counsel to the Crown and contributing editor of the 6th edition of Bellamy & Child, The European Community Law of Competition, 2008 and forthcoming 7th edition.

RECENT MAJOR CASES

European Courts

T-111/08 MasterCard v Commission; interchange fees
T-38/11 Cathay Pacific v Commission: air cargo surcharges appeal
C-58/08 Vodafone and Ors v UK (2007) All ER (D) 120: challenge to the Roaming Regulation

Supreme Court / Court of Appeal / High Court

Scottish Ministers/Department of Health, Social Services and Public Safety for Northern Ireland & Ors v Reckitt Benckiser; abuse of dominance/follow on claim
Chemistree v Roche Products: 2012, abuse of dominance
Chemistree v Teva Pharmaceuticals: 2011, abuse of dominance
Intecare Direct v Pfizer: 2009, mandatory injunction, abuse of dominance
BAGS v AMRAC: 2008, Chancery Division; 2009, Court of Appeal, challenge to licensing of media sport rights; collective boycott; unlawful agreements under Article 101/Chapter I
UV v Nominet: injunction/damages; refusal to supply; Chapters I and II (settled)
The Leaflet Company v Royal Mail: major damages action; abuse of dominance
Cityhook v BT & Ors: damages action for alleged collective boycott (stayed)
AAH and others v Pfizer (2007) EWHC 565: mandatory injunction; exclusive distribution arrangements
Inntrepreneur v Crehan (2006) UKHL 38: House of Lords, landmark case on damages
MAN ERF v Wootton Trucks Ltd (2006) EWCA Civ 1042: mandatory injunction, Ch I and II

Competition Appeal Tribunal

CDI AndersElite v OFT: construction recruitment cartel, major penalty appeal
Ballast Nedam v OFT: cover pricing in construction industry; major penalty appeal
Aggregate Industries v OFT: refusal to approve purchaser pursuant to undertakings in lieu

Other cases

Advising a party in connection with the OFT's investigation into allegations of competition law infringements by Mercedes-Benz and dealers of M-B trucks and vans
Acting for the OFT in investigation into MasterCard's credit card interchange fees
Acting for a major chemicals company in commercial arbitration; breach of Article 101
Acting for Kerry Foods in relation to its completed acquisition of Headland Foods

COMPETITION LAW

Ronit is a leading senior junior in the field of competition law. She advises on all aspects of EU/UK competition law and has advised/represented a broad spectrum of clients including: Vodafone, AMRAC, Pfizer, Roche Products, Teva Pharmaceuticals, Cathay Pacific, Nominet, the Royal Mail, MAN ERF, Ballast Nedam, CDI AndersElite, the OFT and Ofgem.

Ronit appears regularly in the High Court and Competition Appeal Tribunal. She recently acted for CDI AndersElite and Ballast Nedam in the seminal penalty appeals in the CAT, which resulted in substantial reductions in the fines imposed by the OFT, and which will have far-reaching implications for the future fining policy of competition regulators in the UK. She has also represented clients in a large number of private actions in the High Court including the recent spate of abuse of dominance cases brought by Chemistree Homecare, in which Ronit is instructed by Pfizer, Roche and Teva Pharmaceuticals. Ronit also acted for Amrac and its shareholder racecourses in the High Court/Court of Appeal proceedings brought by the 4 leading British bookmakers and BAGS challenging the licensing of the racecourses' media rights to the Amrac joint venture.

Prior to joining Chambers, Ronit was a senior associate at Herbert Smith, advising commercial clients on all aspects of EU and UK competition law with a particular emphasis on competition litigation before the Competition Appeal Tribunal, private enforcement actions for damages and regulatory investigations by the UK and EU authorities into cartels (including leniency applications) and abuse of dominant position. She also regularly advised in relation to merger clearances/investigations and the compatibility of commercial agreements with Article 81 EC/Chapter I of the Competition Act including relevant Block Exemptions and on the consequences of non-compliance and other "self-assessment" issues. She has also organised/participated in a number of mock dawn raids and prepared a number of compliance manuals for clients. In her time at Herbert Smith, Ronit advised a broad spectrum of clients in industries including food processing, pharmaceuticals, industrial chemicals, water and sewerage, advertising and insurance.

EUROPEAN COMMUNITY LAW

Ronit is experienced in cases in both the Court of Justice and the General Court. She appeared for Vodafone in the Court of Justice in the major appeal by 4 mobile telephone operators against the lawfulness of the Roaming Regulation. She is instructed by Cathay Pacific in the forthcoming appeal against the Commission Decision imposing substantial penalties on 14 airlines for fixing the level of fuel and other surcharges. Ronit is also instructed by the United Kingdom in its intervention in MasterCard's appeal against the Commission's finding that its system of interchange fees is anti-competitive and unlawful.

Ronit also advises private and government clients on matters of Community law in respect of the fundamental freedoms, fundamental rights and principles, validity of domestic and Community provisions.

At Herbert Smith, Ronit advised on a range of issues of European Community law both in an antitrust context and more generally. She was also engaged in speechwriting on principles of Community law whilst at the Court of Appeal.

MEDIA & SPORTS LAW

Ronit is recommended by Legal 500 as a leading junior for media, entertainment and sport. She has advised both companies and sports authorities on the compatibility of their rules with Community and competition law. She appeared for Amrac and British racecourses in their long-running legal battle with BAGS and the leading UK bookmakers in the High Court and Court of Appeal.

TELECOMS & UTILITIES REGULATION

Ronit has acted for mobile phone operators in their appeals to the CAT and advises companies and regulators in the field of telecoms regulation. Ronit also advises on utilities regulation, particularly in the regulation of water companies when at Herbert Smith.

ADDITIONAL INFORMATION

Ronit joined Herbert Smith in 1998. She spent two court terms with the Court of Appeal as judicial assistant to Buxton and Otton LJJ in 2000. She also worked for Lord Woolf, the then Lord Chief Justice. Ronit also qualified as a Solicitor Advocate in 2005. At the time of leaving Herbert Smith in 2005, she was a senior associate in their EU, Competition and Regulation department.

PUBLICATIONS

Ronit is a contributing editor to the sixth edition of Bellamy & Child, The European Community Law of Competition and the forthcoming 7th edition of that work. She is a regular contributor to various EU/competition publications and often speaks at conferences/seminars on competition law.

Ronit recently contributed to LexisPSL, to read the full article "The system of setting credit card inter-bank fees under threat" please click here. This article first appeared on Lexis PSL on 13 May 2013, click here for a free trial of Lexis PSL.