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  • What the Directories Say

"Josh Holmes is highly praised by his fellow barristers for his eloquent delivery, excellent client manner and "good grasp of both the big picture and details"" GCR Barrister Survey, 2013

Competition / European Law: "Josh Holmes is highlighted for his "ability to illustrate points very well" and is praised as being "as clever as they get."" Chambers UK, 2013

Josh Holmes is a recommended leading junior in EU and Competition Law. Legal 500, 2012

Under Competition/European Law "highly sought after junior Josh Holmes "is a delight to work with," according to his solicitor fan base. "He is a really easy person to get on with, extremely clever in an understated way and very collaborative in his approach," say those that use him. He has been instructed on appeals against the gas-insulated switchgear cartel decision and is also acting in a major state aid appeal." - Chambers UK, 2012

For Telecommunications, "Josh Holmes "impresses clients and speaks their language." A man with "considerable commercial acumen and strong analytical skills," he offers "perfect off-the-shelf advice and he gets it spot-on every time." Holmes regularly appears for Ofcom." - Chambers UK, 2012

EU & Competition Law recommends Josh Holmes "who 'always makes himself available and provides excellent advice that the client finds incredibly useful' and has a 'unique combination of economic, legal and regulatory experience'." Legal 500, 2011

""Josh Holmes is widely recognised as one of the most talented juniors in the UK, with one rival claiming: "he will be a leader in the future". His busy workload includes representing National Grid in its abuse of dominance appeal against Ofgem, and is advising ISG Pearce in its appeal against the OFT's construction cartel decision. Holmes is also counsel to Ryanair in the OFT's probe over its minority stake in Aer Lingus, and has represented the airline in the General Court in Luxembourg."" - Global Competition Review: Barrister Survey, 2011

"The calibre of Josh Holmes's work has not gone unnoticed. Increasingly popular, he has appeared in well-publicised matters such as the Spectrum litigation, and has also had roles in such matters as Carphone Warehouse v Ofcom & BT. 'His initially unassuming, quiet manner belies the fact that he is a really punchy advocate,' according to interviewees" - Chambers UK, 2011 (Competition/European law)

"Praised for being polite but persistent,' Josh Holmes is 'a highly persuasive advocate who profoundly analyses his cases.' His recent cases include acting for Ofcom in Carphone Warehouse v Ofcom & BT, a telecoms price control case before the CAT." - Chambers UK, 2011 (Telecommunications law)

Chambers UK, 2010 describes Josh as "generating a lot of excitement at the Competition Bar. Holmes' "extensive knowledge of the law and hands-on, collaborative approach" were to the fore when he acted for Ryanair before the Court of First Instance, overturning the Commission's decision that Ryanair has received state aid."

Legal 500, 2010 describes Josh Holmes is "intelligent and articulate" and recommends him as a leading junior in the EU and competition fields.

"Impressive junior Josh Holmes continues to develop a name in his own right in the telecoms arena and acted for Ofcom in the recent high-profile litigation on calls to mobile phones." - Chambers UK, 2010

"Interviewees say Josh Holmes “has an encyclopaedic knowledge of competition and European law and a very professional demeanour that puts clients at ease.” Peers add that “he is very bright and has an excellent grasp of competition and EU law issues.”" - Chambers UK, 2009

"... highly recommended" - Legal 500, 2009 (EU/Competition)

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JOSH HOLMES

MA (Oxon) - first class; BCL (Oxon); LL.M. Harvard
CALL DATE: 1997

SUMMARY

Bar Awards Winner 2011Josh is the winner of the Competition/EU junior of the year award for 2011/12 and is recognised by Chambers UK and Legal 500 as a leading junior in European / Competition law and Telecommunications law.  Described as "absolutely outstanding" and "'razor sharp' on competition issues", he "inspires real respect amongst contemporaries for his superlative handling of competition issues and deeply professional approach".  His practice covers all aspects of competition, EC, public and regulatory work. 

He has considerable background knowledge of the Community institutions, having spent time working in both the EC Commission (DG Comp) and the European Court of Justice.  He is currently Senior Visiting Lecturer at Kings College London, where he teaches State aid.

RECENT AND ONGOING WORK

Court of Appeal/High Court

  • National Grid v Ofgem: abuse of dominance
  • H3G v Ofcom [2009] EWCA Civ 683: telecommunications regulation
  • T-Mobile and O2 v Ofcom [2008] ERWCA Civ 1373: jurisdiction of Competition Appeal Tribunal
  • Byrne v Secretary of State for Transport and MIB [2008] EWCA Civ 574: Francovich damages
  • R (Abbey Mine) v Coal Authority [2008] EWCA Civ 35: energy licensing
  • IPCom v HTC (Ch. D, 2009): competition / IP / FRAND
  • Dobson v Thames Water (TCC, 2009): water regulation / nuisance
  • R (Abbey Mine) v Coal Authority (Admin Ct, 2007): energy licensing
  • OFT v Lloyds TSB (Court of Appeal) [2006] EWCA Civ 268: connected lender liability
  • Oakley v Animal (Court of Appeal) [2005] EWCA: IP / EC law

Competition Appeal Tribunal

  • Carphone Warehouse v Ofcom (2009): local loop unbundling (pending)
  • National Grid v Ofgem (2009): abuse of dominance
  • T-Mobile and O2 v Ofcom (2008): jurisdiction of Competition Appeal Tribunal
  • T-Mobile, Orange, BT, H3G v Ofcom (2008): termination rate disputes
  • H3G v Ofcom; BT v Ofcom; O2 v Ofcom (2008): mobile call termination regulation
  • MasterCard v OFT (2006): interchange fees

Competition Commission/OFT

  • H3G, BT and O2 v Ofcom (2008): CC reference
  • Game / Gamestation (2008): CC merger inquiry
  • Delta 2 / Sainsbury (2007), OFT pre-notification discussions
  • Stonegate Farmers Ltd / Deans Food Group Ltd (2007): CC merger inquiry
  • OFT cover bidding investiagions (2006-9)
  • BT - Undertakings in lieu of a CC reference (2005)

European Court of Justice/Court of First Instance

  • Case T-111/08 MasterCard v Commission (CFI, pending)
  • Case T-112/07 Hitachi v EC Commission; Case T-132/07 Fuji v EC Commission (CFI, ongoing)
  • Case T-196/04 Ryanair v EC Commission (CFI, 2008)
  • Pipe Fittings investigation (EC Commission, 2006)
  • Case C-267/05 Oakley Inc v Animal Ltd (ECJ, 2005)

 

COMPETITION/REGULATORY

Josh is recognised by Chambers UK and Legal 500 as a leading junior in Competition and Regulatory law.  He is described as "absolutely outstanding" and "'razor sharp' on competition issues", and is said to "inspire... real respect amongst contemporaries for his superlative handling of competition issues and deeply professional approach".

He has considerable background knowledge of the Community institutions, having spent time working in both the EC Commission (DG Comp) and the European Court of Justice; and is currently Senior Visiting Lecturer at Kings College London, where he teaches State aid.

He appears regularly in the High Court and the Competition Appeal Tribunal in cases raising competition law and regulatory issues.  In addition, he has considerable experience advising on all aspects of EC competition law, including:

  • vertical distribution arrangements;
  • information sharing and horizontal cooperation agreements;
  • mergers and joint ventures;
  • competition law and IP;
  • competition law and human rights;
  • State aid

His practice spans a number of specific sectors, including: telecommunications, energy, financial services and pharmaceuticals.

Energy

  • National Grid v Ofgem (CAT): abuse of dominance
  • R. (Abbey Mine Limited) v. Coal Authority: energy licensing judicial review
  • Case T-112/07 Hitachi v EC Commission; Case T-132/07 Fuji v EC Commission (CFI, ongoing): gas insulated switchgear cartel
  • Advising on State aid issues in the energy sector

Financial services

  • Bank of England / HMT: advising on State aid matters in the banking sector
  • OFT v Lloyds TSB (Court of Appeal): connected lender liability
  • MasterCard v. Office of Fair Trading: interchange fees
  • Equitable Life: advising on the UK's obligations under the Community regulatory framework

Pharmaceuticals/healthcare

  • Advising on compatibility of pharmaceutical distribution arrangements with Arts. 81 and 82 EC;
  • Advising on compatibility of evergreening arrangements with Art.82 EC;
  • Representing the Human Tissues Authority in its first licensing appeal case;
  • Representing the Royal Pharmaceutical Society in its first mutual recognition appeal;
  • Advising Human Fertility and Embryology Authority on Community regulatory regime
  • Advising on scope of EC law medicinal products and food supplements regimes

Telecommunications

Josh is recognised by Chambers 2011 as a first tier leading junior in the field of telecommunications law.  An "impressive junior", he is described as "a highly persuasive advocate who profoundly analyses his cases".  Recent cases include the following:

  • Everything Everywhere v Ofcom (CAT 2010, pending)
  • Sky, BT and Virgin Media v Ofcom (CAT 2010, pending)
  • Carphone Warehouse v Ofcom (CAT 2010)
  • Cable & Wireless v Ofcom (CAT, 2010)
  • O2 v Ofcom (CAT, 2010)
  • H3G v Ofcom [2009] EWCA Civ 683: telecommunications regulation
  • IPCom v HTC (Ch. D, 2009): competition / IP / FRAND
  • T-Mobile and O2 v Ofcom (2008): jurisdiction of Competition Appeal Tribunal
  • T-Mobile, Orange, BT, H3G v Ofcom (2008): termination rate disputes
  • H3G v Ofcom; BT v Ofcom; O2 v Ofcom (2008): mobile call termination regulation

 

EUROPEAN COMMUNITY LAW

Josh has considerable background knowledge of the Community institutions, having spent time working in both the EC Commission (DG Comp) and the European Court of Justice; and is currently Senior Visiting Lecturer at Kings College London, where he teaches State aid

Josh appears regularly in proceedings before the Community institutions.  Recent cases include:

  • Case T-111/08 MasterCard v Commission (CFI, ongoing) intervening on behalf of the UK Government
  • Case T-112/07 Hitachi v EC Commission; Case T-132/07 Fuji v EC Commission (CFI, ongoing) representing the Commission in appeals against the gas insulated switchgear cartel decision
  • Case T-196/04 Ryanair v EC Commission (CFI, 2008) acted for Ryanair in successfully challenging the Commission's decision in the Brussels Charleroi State aid case

Josh has also been involved in a number of high profile cases in the UK courts dealing with important aspects of Community law.  These include:

  • Ben Byrne v. Motor Insurers Bureau (High Court) [2007] EWHC 1268: successful Francovich damages claim
  • OFT v Lloyds TSB (Court of Appeal) [2006] EWCA Civ 268; The Times, 7 April 2006: application of free movement rules in the financial services sector
  • Collins v. Secretary of State for Work and Pensions (Court of Appeal) [2006] EWCA Civ 376; The Times, 2 May 2006: free movement of persons
  • Oakley v. Animal (Court of Appeal) [2005] EWCA Civ 1191; The Times, 7 November 2005: scope of European Communities Act 1972