JENNIFER SKILBECK

BSc. Econ (LSE) MSc. Econ (LSE) Dip. Law (City University)
CALL DATE: 1991

SUMMARY

Jennifer Skilbeck's major practice areas are European and UK competition, and in particular, procurement law. She has represented both private and public sector clients at the High Court, Competition Appeal Tribunal, the OFT and the European Commission and maintains a special interest in the protection of the competitive position of small firms.

The major part of her practice is in the field of public procurement law, in which she advises and represents both claimants and defendants. She has represented clients in a significant number of the few cases that have reached the courts.

She is one of very few members of the Bar with an undergraduate and postgraduate degree in economics which, supported by several years' research and teaching at Oxford University, as well as a number of years' experience in industry, contributes to her practice.

MAJOR CASES

Halo Trust v DFID [2011] (lifting of the suspensory effect of the Public Procurement Regulations)
Sita v GMWDA [2010] (CA pending: limitation provision in procurement law following Uniplex)
Devenish v Sanofi Ch. D [2008] 2WLR 637 (the measure of damages in a cartel action)
Rapiscan Systems Ltd v HMRC [2007] Eu.L.R.129 (debrief requirements in procurement law)
BFS Group Ltd v Secretary of State for Defence [2006] Eu.L.R.1101 (Ch) (the use of negotiated procedure in procurement law)
JJ Burgess v OFT: Competition Appeal Tribunal [2005] CAT 25 (abuse of dominance)

COMPETITION LAW

Jennifer has an extensive practice in competition law. She advises and represents clients in respect of Article 81/Chaptrt I, Article 82/Chapter II and mergers. She has represented clients in the High Court, CAT and in front of the OFT and European Commission.

Cases include:

Devenish v Sanofi Ch.D [2008] 2WLR 637
Brannigan v OFT [2007] CAT 23
Association of Convenience Stores and Friends of the Earth v OFT [2005] CAT 36
JJ Burgess in JJ Burgess v OFT [2005] CAT 25
Freeserve v Oftel CAT [2002] CAT 9
PCCW v OFTA (Hong Kong)
Freeserve v Oftel CAT [2002] CAT 9

PROCUREMENT LAW

Jennifer's very substantial practice in this field is contributed to by her previous corporate experience. She has represented clients in the High Court and before the European Commission. She is a regular contributor to conferences, in particular the annual White Paper Conference, and in-house seminars. Clients include the private sector as well as a number of public sector clients and cover the full range of subject matter including land development agreements, waste collection and treatment, IT, the health service, housing, including student accommodation and social housing, historic buildings' development, banking services, transport, the utilities, airports, contract for overseas development, education and many others

Cases:

Halo Trust v DFID (2011)
Sita v GMWDA (2010)
Lion Apparel Systems v Firebury Ltd (2008)
Rapiscan Systems LTD v HMRC [2006] EWHC 2067
BFS Group Ltd v Secretary of State for Defence [2006] EWHC 1513 (Ch)
Cowley v Network Rail
Endoscopy UK v Southampton & South Hants Hospital
Express Medicals v Network Rail
The Mayor of London & Transport for London v LRT, LUL, Secretary of State for Transport, Tube Lines & Metronet
R v Treasury ex p University of Cambridge (Case C-380/98 [2000] ECR I-8035)
KeyMed v Forest Healthcare Trust (1997)

PUBLICATIONS

"Cartel damages: the Court of Appeal rejects a gain-based remedy" ECLR 3/2009
Bellamy & Child, "The Common Market Law of Competition" (supp to 4th ed., Article 81: vertical agreements)
Bellamy & Child, "European Community Law of Competition" (5th ed., Article 82)
"Cartels Publications: where is the case for criminal sanctions?" (World Economics, vol 4 no.2, 2003
"Competition Act 1998", Solicitors Journal, 21 January 2000
"Buying Power", Solicitors Journal, 16 August 2002
"Just when is a public body an "undertaking" Fenin and Betttercare compared", Public Procurement Law Review, 2003 NA75