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  • What the Directories Say

"Fully committed performer is the "user-friendly" John Swift QC, who "is enjoyable to work with and, as a former regulator, offers extremely valuable insights into matters that others don't." "Not afraid to get stuck in," he is much appreciated by quality solicitors. Recently, Swift acted for the Competition Commission in a dispute concerning the proposed merger of Sports Direct and JJB." - Chambers UK, 2012

EU & Competition Law recommends silk John Swift QC "who is 'practical and friendly, with excellent capabilities'." Legal 500, 2011

""An engaging style and skilled command of the law" mark out John Swift QC, a lawyer who gives "swift, comprehensible advice." His recent highlights include advising the Competition Commission in the Court of Appeal dispute concerning Sky and Virgin. Competition/European Law" - Chambers UK, 2011

Under EU and Competition the Legal 500, 2010 states that John Swift QC who is "hugely pragmatic, tremendous gravitas and excellent on his feet, successfully appeared for the Competition Commission in the Court of Appeal case BSkyB v Competition Commission".

"John Swift QC is "a totally unpompous lawyer who just gets stuck in." He focuses on competition law and utilities regulation and has recently represented Ryanair in connection with a number of state aid and competition issues. Swift has many years' experience under his belt." - Chambers UK, 2010

Legal 500, 2009 "on the European law side, John Swift QC taken up the cudgels for Ryanair in disputes against the European Commission and Aer Lingus."

Under Competition and EU law, Chambers UK, 2009 states "“If you want someone to stand up for your client, John Swift QC is the man for the job.” Hailed as “user-friendly, charismatic and extremely dedicated,” he has had a busy year, representing Tesco in the Competition Commission inquiry into the groceries market and handling myriad other matters."

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JOHN SWIFT QC

QC (MA) Oxon
CALL DATE: 1965 SILK: 1981

SUMMARY

PRACTICE SUMMARY

John Swift resumed full time practice as a member of Monckton Chambers in 1999, where he was Head of Chambers until July 2001.  From 1993-1998 he was the first Rail Regulator (head of a non-Ministerial Government department) appointed under the Railways Act 1993.  He was called to the Bar in November 1965 and took Silk in 1981. He is a Bencher of the Inner Temple.

Since 2009 John Swift is a panel member of the Cooperation and Competition Panel established by the Department of Health to investigate, report and advise on possible breaches of the Principles and Rules of Cooperation and Competition ( "PRCC") for NHS services  in England and Wales.  Since 2002 he is Chairman of the Judges for the National Rail Awards.

 

MAJOR CURRENT AND RECENT CASES

  • Ryanair v Office of Fair Trading (Competition Appeal Tribunal - Leading Counsel for Ryanair in appeal against the Office of Fair Trading decision that it has juristiction to investigate Ryanair's minority shareholding in Aer Lingus, aquired in 2006.
  • Arbitrator in a dispute between Batelco and the Telecommunications Regulatory Authority of Bahrain in respect of the FLAG Order of the TRA: hearing set for five days in Bahrain for April 10, 2011
  • Leading Counsel for Galliford Try in one of the appeals before the CAT arising out of the Office of Fair Trading's decisions in respect of the alleged Cover pricing infringements of the Competition Act: CAT hearings in summer 2010, awaiting judgement
  • Emerald Supplies Ltd v British Airways plc (Chancery Division - pending) - Leading Counsel for one of the Non Addressee Defendants in the air cargo cartel damages claim
  • Welsh Water Plc vOfwat (Administrative Court - judicial review challenge to decision to grant an inset appointment)
  • BSkyB v Competition Commission; Virgin v Competition Commission (Court of Appeal - acting  for the Competition Commission in both of the appeals from the CAT concerning challenge to Competition Commission's decision to force the broadcaster to reduce its shareholding in ITV to less than 7.5%)
  • BAA v Competition Commission (Competition Appeal Tribunal - Enterprise  Act s.179 Judicial Review challenge to CC's decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh Airports)
  • Barclays Bank Plc & Others v Competition Commission (Competition Appeal Tribunal - challenge to CC's report in relation to the Payment Protection Insurance market)
  • Case T-342/07 Ryanair v EC Commission, Aer Lingus & Ireland intervening (Court of First Instance - pending - appeal against Commission decision to prohibit acquisition of Aer Lingus)
  • Case T411/07  Aer Lingus v EC Commission (Court of First Instance - pending - Ryanair intervening in favour of Commission decision not to require divestment of Ryanair stake in Aer Lingus)
  • Case - T-196/07 Ryanair v EC Commission (Court of First Instance -  The "Charleroi" case - state aid to Airports)
  • Acting for HSBC Rail - Competition Commission Inquiry into Rolling Stock (2008)
  • Acted for Tesco - Competition Commission Inquiry into supermarkets ( 2007/2008)
  • Somerfield v Competition Commission (Competition Appeal Tribunal - acted for CC in judicial review of CC decision to order divestment of stores acquired from WM Morrisons)
  • Burgess v Office of Fair Trading (Competition Appeal Tribunal - abuse of dominance in local markets. The CAT examined the law on refusal to supply under the Chapter II prohibition)
  • Case T-342/99 Airtours v EC  Commission (Court of First Instance - challenge to Commission decision blocking a concentration under EC Merger Regulations)

 

COMPETITION & UTILITIES REGULATION

Between 1967 and 1992 John Swift's practice was largely centred on heavy competition law cases, monopolies and mergers, before the Competition Commission and the EC Commission.  He was also involved in the programmes of privatisation and liberalisation of the UK utilities, in particular in telecommunications and energy.   He then spent five years exercising statutory functions in his capacity as Rail Regulator and International Rail Regulator so as to promote the use of the railway for the benefit of passengers and freight users, including, where practicable, the promotion of competition. Since his return to private practice he has covered all areas of competition law, including State Aid, and utilities regulation whereby he advises both regulated companies and their  regulators and competition authorities such as the Competition Commission and the OFT.

Major Current and Recent Cases

  • Currently advising a major construction firm in relation to the OFT investigation into bid rigging in the sector
  • Acting for the defendant in a major multi-witness commercial arbitration involving allegations of breaches of Article 82 EC and the Chapter II prohibition
  • Welsh Water Plc vOfwat (Administrative Court - pending - judicial review challenge to decision to grant an inset appointment)
  • BSkyB v Competition Commission; Virgin v Competition Commission (Court of Appeal - pending -  acting  for the Competition Commission in both of the appeals from the CAT concerning challenge to Competition Commission's decision to force the broadcaster to reduce its shareholding in ITV to less than 7.5%)
  • BAA v Competition Commission (Competition Appeal Tribunal - Enterprise  Act s.179 Judicial Review challenge to CC's decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh Airports)
  • Barclays Bank Plc v Competition Commission (Competition Appeal Tribunal - challenge to CC's report in relation to the Payment Protection Insurance market)
  • Case T-342/07 Ryanair v EC Commision, Aer Lingus & Ireland intervening (Court of First Instance -pending - appeal against Commission decision to prohibit acquisition of Aer Lingus)
  • Case T411/07  Aer Lingus v EC Commission (Court of First Instance -pending - Ryanair intervening in favour of Commsision decision not to require divestment of Ryanair stake in Aer Lingus)
  • Case - T-196/07 Ryanair v EC Commission (Court of First Instance -  The "Charleroi" case - state aid to Airports)
  • Acting for HSBC Rail - Competition Commission Inquiry into Rolling Stock (2008)
  • Acted for Tesco - Competition Commission Inquiry into supermarkets ( 2007/2008)
  • Somerfield v Competition Commission  (Competition Appeal Tribunal - acted for CC in judicial review of CC decision to order divestment of stores acquired from WM Morrisons)
  • Burgess v Office of Fair Trading (Competition Appeal Tribunal - abuse of dominance in local markets. The CAT examined the law on refusal to supply under the Chapter II prohibition)
  • Case T-342/99 Airtours v EC  Commission (Court of First Instance - challenge to Commission decision blocking a concentration under EC Merger Regulations)

On competition law issues (under the Competition Act 1998 and the Enterprise Act 2002) he has been extensively engaged over the past nine years on monopoly and merger cases. He also acts for both the private sector and regulators in high profile market investigations.

 

TELECOMMUNICATIONS LAW

In addition to his Utilities Regulation expertise, Jon regularly appears for and advises clients in the Telecommunications sector.

Examples of recent work include:

  • T-Mobile v Competition Commission & Director General of Telecommunications(Administrative Court - judicial review of CC/Oftel decision to cap charges for terminating calls made by all telecoms operators)
  • Advising  PCCW in Hong Kong regarding dispute with the Hong Kong Telecommunications Authority
  • Acted as arbitrator in major telecommunications dispute between the biggest telecoms provider in the Emirates and the regulatory authority
  • Advising the former ITC before it's merger with Ofcom

 

ADDITIONAL INFORMATION

John regularly chairs and speaks at conferences on current issues of interest in his fields of practice.  He has recently been appointed as a member of the Competition and Cooperation panel established in 2009 to advise the Secretary of State for Health and Monitor on issues arising out of the application of the Principles of Competition and Cooperation to the health service.