Competition Law

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 81/Chapter I and Article 82/Chapter II)
  • Mergers and concentrations
  • Modernisation and procedural issues
  • Public undertakings
  • Regulatory issues raising competition points
  • Specific sectoral regimes
  • State aid

Administrative proceedings

  • 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):

Publications

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

Professional organisations

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