ANNELI HOWARD
MA (Oxon) 1994 - First class; BCL (Oxon) 1995
CALL DATE: 2002 (Solicitor) 1999
SUMMARY
Anneli Howard is a recommended leading junior in Competition, EU law, Telecommunications and Consumer Law/Product Liability. A former Référendaire at the European Court of Justice, she has expert insight of the interaction between EU and domestic law, including telecoms, utilities and other regulated industries. In November 2012 she was appointed as Standing Counsel to the Civil Aviation Authority to advise on their new sectoral competition law powers and EU responsibilities. She has been a Member of the Attorney General's B Panel since 2010.
Anneli is "a client's dream counsel - a real class act." She is recognised for her legal acumen: clients note her "strong intellect, "very good technical knowledge" and "methodical and alert competition assistance". They have credited her as a "brilliantly strategic thinker" and an "accomplished courtroom performer " who is "amazingly clear".
More than just a lawyer, Anneli is a hands-on team player who pulls more than her weight in achieving her clients' objectives. She is "responsive, hardworking and practical" and "listens to what you want to achieve and goes about it in an incredibly time-responsive manner" Chambers 2013 UK highlighted her "total dedication and real application to the case". She is able to accept instructions in French, Italian and Spanish.
Significant clients include Visa, BT, Diageo, London Stock Exchange, OFT, Ofcom, ORR, CAA, Freshfields Bruckhaus Deringer, SJ Berwin, Redd, Berry Smith, Bird&Bird.
COMPETITION LAW AND EU
Anneli is a senior junior with extensive experience in competition and EU law. In 2009 she was listed as one of the Top 100 Women in Antitrust by Global Competition Review. She is Standing Counsel to the Civil Aviation Authority on competition and EU matters.
She advises both commercial clients and regulators on a wide range of domestic and EU antitrust, competition and regulatory issues, including abuse of dominant position, cartel investigations, distribution agreements and state aid. She has in depth familiarity with UK and EU competition law practice and procedure as shown by her contributions to the leading text book Bellamy & Child European Community Law of Competition (Chapter 14 "Enforcement of the Competition Rules in Member States") and Competition Litigation in the UK. She is co-editor of UK Competition Procedure: the Modernised Regime.
Anneli has appeared on behalf of private clients and regulators before the Competition Appeal Tribunal, High Court and Court of Appeal as well as the General Court and the ECJ in Luxembourg. Her clients include large corporations such as Visa and BT as well as smaller claimants seeking stand-alone or follow-on damages and/or injunctive relief.
RECENT CASES
Domestic cases
- Aviva Insurance Limited a.o. v Primary General Insurance a.o.: Acting for defendants in High Court competition law proceedings relating to horizontal co-insurance pool arrangements;
- Gatwick Airport Limited v Ryanair: Acting for Ryanair in dispute over groundhandling charges, relying on breach of EU aviation regulations and abuse of dominant position;
- Acting for the OFT in ongoing administrative investigation into vertical resale price maintenance; assisting with witness interviews and drafting the Statement of Objections;
- Acting for the NI Government in court proceedings and EU Commission proceedings on alleged state aid;
- Advising independent spare parts retailer on the application of the Motor Vehicle Block Exemption, the Vertical Block Exemption and EU Regulations regarding access to vehicle repair and technical information in threatened IP proceedings;
- Professional Golf v Acushnet (2011-2012): Acting as sole Counsel for 11 internet golf businesses in EU competition law damages claim. Successfully obtained interim relief from leading manufacturer to prevent restriction of EU parallel trade over the internet - High Court and Court of Appeal
- Commission UV v Nominet (2009): Article 101/102 proceedings against the UK domain registry for abuse of dominant position and anti-competitive refusal to register certain domain names.
- PLUS Markets v London Stock Exchange (2009): Defending the London Stock Exchange in a challenge to its AIM trade reporting rules under EU competition law and free movement provisions.
- Diageo v Intercontinental Brands (2009): successfully resisting competition law defence in a passing off and intellectual property law claim
- R v George and others: Acting for the OFT in the EA02 criminal prosecution of BA executives in the air freight sector.
- Cathay Pacific/Virgin: Acting for the OFT in its CA98 investigation of price fixing of long-haul fuel surcharges
- Tobacco: Assisting the OFT with evidential review and drafting of the Statement of Objections against companies accused of fixing the price of Tobacco products
- Allsports, JJB, MU and Umbro v OFT (2004-2006): Assistance with the production of the final decision and successfully defended the OFT in the Replica Football Kit price fixing appeals before the CAT and the CA.
EU cases
- Case T-486/11 Telekom Polska (2012): Representing TP in pending appeal against EU Commission decision challenging infringement and level of fine under Art 101 TFEU for refusing access to its wholesale broadband network.
- Nynas Petroleum a.o. v Commission T-347/06: Challenging the EU Commission's infringement decision and penalty in the Dutch Bitumen Cartel.
- Case T- 461/07 Visa v Commission: Acting for Visa in the appeal against the Commission's Article 81 infringement decision regarding the non-admission of Morgan Stanley to its credit card acquiring business; argument on two sided markets and horizontal efficiencies between an association of banks;
- Acting for Visa Europe in the EC Commission sector inquiry into retail banking and payment cards
- Acting for Visa Europe in the Article 81/101 investigation into cross-border interchange fees in consumer and commercial credit cards COMP/34.579; 36.518 and 38.580
CONSUMER LAW
Anneli acts for the OFT, advising on the implementation and application of the Unfair Terms Directive and the Consumer Protection Regulations . She successfully defended the OFT's Determination revoking the licence of a door-stop supplier to sell burglar alarms under remote selling arrangements on the basis of its oppressive sales techniques against elderly and vulnerable consumers. This was the first major appeal of this kind before the new First Tier Tribunal, involving over 85 elderly witnesses with dementia and experts over 3 weeks. The OFT's decision was confirmed and subsequently upheld on further appeal and judicial review.
GENERAL EU LAW
Anneli is a seasoned EU litigator, having previously been a litigation solicitor at Freshfields Bruckhaus Deringer with experience working in London, Paris and Milan. From 2000 -2003, she gained inside knowledge of the workings of the European Court of Justice as Référendaire (Judicial Assistant) to the British Judge. She is experienced across the full spectrum of EU law, acting in cases concerning citizenship, consumer protection, employment, equal treatment, environment, intellectual property and e-commerce, WTO and TRIPS, free movement of persons/goods/services, private international law/Brussels and Rome Regulations, public procurement and state liability (Francovich damages). She often acts for the UK Government in preliminary references and for private parties in appeals. Her insight into the practice and procedure of the General Court and ECJ is first rate from her time in Luxembourg as well as her contribution to Lasok, Millet and Howard Judicial Control in the EU.
RECENT CASES
Anneli has acted for the United Kingdom in the following preliminary references:
- Case C-418/11 Texdata: Company accounts, penalties, freedom of establishment, ECHR right of effective judicial protection, non retroactivity and double jeopardy;
- Case C-52/07 Kanal 5 Limited - Application of Article 82 EC in the TV broadcasting sector; remuneration model applied by the Swedish Performing Rights Society,
- Case C-122/10 Ving: Unfair Consumer Terms in advertising; whether a newspaper advert placed by Thomas Cook is an "invitation to purchase";
- Case C-124/09 Smit Reizen: Interpretation of Regulation 561/2006 in road transport, road safety and employment law
- Case C-170/11 Lippens: Taking of evidence in civil or commercial matters: where witnesses should be heard in a Belgian/Dutch damages claim
- Case C-544/09 Seeger: Interpretation of Regulation (EEC) No 3821/85 on recording equipment in road transport
- Case C-462/06 Glaxosmithkline - Interpretation of Brussels I Regulation : jurisdiction in employment law matters
Anneli has acted for private parties in challenging EU Regulations and Directives as well as ensuring the compatibility of domestic implementing legislation. She recently advised Betfair in a preliminary reference from the Dutch Council of State regarding the compatibility of gaming licence with EU free movement provisions. She has also defended Ofcom's implementation of the EU Telecoms Directives in a domestic Francovich damages claim.
HUMAN RIGHTS LAW
Anneli oversaw a wide range of human rights issues at the European Court of Justice, including claims concerning Article 6 procedural rights, privacy, non-discrimination, freedom of expression and effective remedies. She has assisted as junior in drafting applications and pleadings in cases before the European Court of Human Rights in Strasbourg and in advising governmental bodies on their public sector obligations under the HRA in the UK. She regularly litigates ECHR points in domestic and EU proceedings as part of EU/Competition law.
SPORTS LAW
As a solicitor and a barrister, Anneli has advised private parties and regulators on sports regulatory matters and contractual disputes, involving EU and competition law issues. She is currently advising on state aid and public procurement issues relating to sports facilities and on competition issues relating to sponsorship and merchandising rights. She is also assisting with competition issues relating to FIFA and the Premier League rules.
RECENT CASES
- Advising on state aid and public procurement issues regarding sports facilities;
- Advising the OFT on competition law investigation into leisure sporting goods.
- Advising a leading football team on contractual and EU competition law issues relating to long term manufacturing, supply and sponsorship agreement;
- Professional Golf v Acushnet (2011-2012): Acting as sole Counsel for 11 internet golf businesses in EU competition law damages claim. Successfully obtained interim relief from leading manufacturer to prevent restriction of EU parallel trade over the internet - High Court and Court of Appeal; main damages claim for breach of Article 101 and 102 subsequently settled;
- Advising the OFT and Competition Commission on potential merger implications and Chapter I/II, EA02 issues of potential acquisition in the sports retail sector;
- Advising LOCOG on competition law issues under Chapter I and Article 102 TFEU of trade mark licensing and distribution agreement;
- Allsports, JJB, MU and Umbro v OFT (2004-2006): Assistance with the production of the final decision and successfully defended the OFT in the Replica Football Kit price fixing appeals before the CAT and the CA; and
- Advising Formula 1 on competition law issues in Commission investigation into broadcasting rights.
TELECOMMUNICATIONS AND OTHER REGULATED INDUSTRIES
Anneli Howard is "an expert on the interplay of European law and domestic telecoms regulation" and has "very good technical knowledge of electronic communications," Chambers UK, 2013.
Anneli has acted for BT in several telecommunications appeals before the Competition Appeal Tribunal, including dispute resolution (Mobile Call Termination Rates), breach of SMP Licence conditions (PPCs) and market review determinations (fixed wholesale narrowband services market). These cases have involved in-depth analysis of the EU Telecoms Framework Directive and Access Directive.
She has also acted for Ofcom in licensing matters, implementation of the EU Authorisation Directive and Access Directive. She has also acted in antitrust investigations and follow-on appeals before the CAT and Court of Appeal as well High Court damages actions.
RECENT TELECOMS CASES
- Case T-486/11 Telekom Polska (2012): Representing TP in appeal before the General Court challenging EU Commission decision finding abuse of dominant position and imposing a fine of €127m for refusing access to its wholesale broadband network.
- BT v Ofcom (2010-12): Acting for BT in an appeal against Ofcom's determination of its pricing of PPCs and compliance with its SMP Licence Conditions (CAT plus subsequent appeal to the Court of Appeal)
- BT v Ofcom (2008): Acting for BT in its CAT appeal against Ofcom's determination into disputes regarding mobile call termination rates.
- H3G v Ofcom (2008): Acting for BT in its intervention in the appeal by H3G against the CAT's findings on non-pricing issues in the mobile call termination dispute.
- Orange v Ofcom (2008): Acting for BT in its intervention in Orange's appeal against Ofcom's determination of a dispute.
- Floe v Ofcom (2006-8): Successfully defended Ofcom's non-infringement decision on Article 82 /Chapter II in the telecoms sector and subsequent appeal to the Court of Appeal.
- VIP v Ofcom (2008-2011): Successfully defended Ofcom's non-infringement decision on Article 82 /Chapter II in the telecoms sector and
- VIP Online and others v Ofcom (2010 -) : Represented Ofcom in follow on Francovich Damages claim brought by a number of telcos before the High Court regarding the implementation of the Access and Framework Directives.
- Nokia v Qualcomm: Acting for Nokia on competition law issues raised in US patent infringement litigation against Qualcomm
OTHER REGULATED INDUSTRIES
RAIL TRANSPORT
- EWS (2004-2008): Advising the ORR on due process, confidentiality, review of evidence, formulation of the economics case and assisting with the drafting of the Statement of Objections in a Chapter II/Article 102 investigation into abuse of dominance by EWS in long-haul coal freight. Successfully defended final infringement decision against appeal challenge before the CAT.
- Intervention by ORR in the High Court CPR Part 8 proceedings between EWS and E.ON regarding the effect of the directions on a long term freight contract.
- Advising the ORR as Counsel to the Panel in numerous Network Code appeals between Train Operating Companies and Network Rail;
AVIATION
Standing Counsel for the Civil Aviation Authority advising on sectoral competition law investigations, market and operator determinations under the forthcoming Civil Aviation Bill, regulatory duties under the EU Aviation Directives and consumer protection legislation
- Currently assisting with the "Minded To" Process for the determination of substantial market power (SMP) under the new CAA 2012 in respect of Stansted, Gatwick and Heathrow airports;
- Advising the CAA on its powers to accept commitments in lieu of imposing a licence;
- Advising the CAA on its provisional view on licensing arrangements for the Q6 in respect of Stansted, Gatwick and Heathrow airports;
- Gatwick Airport Limited v Ryanair: Acting for Ryanair in dispute over groundhandling charges, relying on breach of EU aviation regulations and abuse of dominant position;
- R v George and others: Acting for the OFT in the EA02 criminal prosecution of BA executives in the air freight sector.
- Cathay Pacific/Virgin: Acting for the OFT in its CA98 investigation of price fixing of long-haul fuel surcharges
FINANCIAL SERVICES
Anneli acted for the London Stock Exchange in its defence of the AIM trading rules under EC competition law and the free movement provisions. This involved getting to grips with FSMA and the LSE Rulebook and AIM Trading Rules. She also acted for Visa Europe in the administrative proceedings before the European Commission and in the subsequent appeal before the CFI against the infringement and fine imposed by the EC Commission for Visa's refusal to admit Morgan Stanley to its card payment system. She also helped to defend Visa's position in the appeal on domestic interchange rates in MasterCard Members Forum and Visa v OFT and assisted Via with its response to Article 18 inquiries before the EC Commission on cross- border interchange. She also acted for Visa in its response to the EC Commission's sector inquiry into retail banking.
PUBLICATIONS, TEACHING AND LECTURES
Anneli regularly speaks at conferences organised by IBC, Sweet & Maxwell, Justis, ERA, UAE and Central Law Training on all areas of EU law, including competition law, state aid, fundamental freedoms and human rights. She regularly helps solicitors with in-house and client training seminars. She assists in teaching the Nottingham Law School LLM course in Advanced Litigation and was supervisor in EU law at Trinity Hall, Cambridge University in 2004-2005.
- Consultant Editor of O'Neill and Sanders "UK Competition Procedure - the Modernised Regime" (OUP 2007).
- Contributor to Chapter 14 of Bellamy & Child "European Community Law of Competition" on (OUP 2007) and forthcoming 2012 edition
- Contributor to Ward and Smith "Competition Litigation in the UK" (Sweet & Maxwell 2005)
- Co-Author of Lasok, Millet and Howard on Judicial Control in the EU (Richmond 2004)
- Contributor to Vaughan "Law of the European Communities" (2004)
OTHER ACHIEVEMENTS
- Open Academic Scholar at St Edmund Hall, Oxford 1992 - 1994
- British Academy Scholar 1994-1995
- Two Half Blues and Captain of Oxford University Gymnastics Team 1992-1993
- Overall European Winner of the European Final for Freshfields/Financial Times Best Business Law Student in Europe 1995
- GCR's Top 100 Women in Antitrust 2009
- Fluent in French and Italian, some Spanish and German

Contact Anneli Howard
Tel: 020 7405 7211
Fax: 020 7405 2084
Click here to email Anneli Howard
Click here to email the clerks
28/11/2012 Appointment of Standing Counsel to the Civil Aviation Authority
3/3/2010 Further Elevations to the Panels of Junior Counsel to the Crown
14/12/2009 First Criminal Prosecution under the Enterprise Act for Cartel Offences
IB v the Queen [2009] EWCA Crim 2575
Appealing Against One's Own Success
