George Peretz

BA (Oxon)
Call date: 1990

Summary

George Peretz has a broad and deep experience of competition law in both the United Kingdom and European Union, having practised in the area since 1992.  He advises and represents major private clients, regulators and Government departments over the whole field of competition law, including cartels, mergers, Article 102 (ex 82),  State aid, private actions for damages and injunctions and judicial review.  He frequently appears before the Competition Appeal Tribunal and the European Court of Justice and General Court, as well as guiding clients through investigations by the OFT and Competition Commission. 

George also practises in the area of VAT, where he has recently appeared for HMRC in a number of major cases in the UK and EU courts, and has extensive experience of litigation before the First Tier Tribunal.  He has represented clients in the EU and UK courts (including the Court of Appeal and House of Lords) over a range of EU issues, ranging from agriculture to pharmaceutical licensing. 

George has acted for both public sector and private clients in the Information Tribunal (Freedom of Information Act) and is on the Treasury Solicitor's FOIA panel.

His range of court experience and advisory work was recently recognised by his appointment to the Attorney General's A panel.

Major Cases

  • Recent merger/market investigations cases include: Transocean/GlobalSantaFe (oil rigs; undertakings in lieu of reference negotiated; amendments of undertakings obtained in light of subsequent developments); Osim/Yardem (kosher food, OFT); Delta 2/Qatar Investment Authority/Sainsbury (for potential acquirer); Supermarkets (advice to Cross-Cutting group on remedies); Game/Gamestation (video game retailing - for a third party: OFT and CC); Luxottica/Oakley (sunglasses); Stericycle v CC (first challenge to CC interim measures in the Competition Appeal Tribunal; followed by first CAT challenge to a CC merger report - withdrawn after acceptable remedies agreed); Acco/General Binding Corp (office equipment); Knauf/Superglass (insulation products; OFT and CC); Extended Warranties
  • Oxley Threads v. Commission, T-448/05 (cartels; judgment of 28/4/10)
  • R (Dwr Cymru) v Ofwat (judicial review: successful defence of Ofwat's policy on inset appointments)
  • Milk Supplies Limited v. DEFRA [2010] EWCA Civ 19  (Abuse of rights: Court of Appeal)
  • Renew plc v. OFT; Robert Woodhead v. OFT (ongoing appeals to the CAT against penalties in the OFT's construction cover pricing decision)
  • Fish Holdings v. OFT [2009] CAT 34 (time limit for appeal in CAT)
  • Wheels v. HMRC (VAT on financial services; fiscal neutrality: ongoing)
  • OFT construction recruitment investigation: acted for Select Holdings; applied for and obtained type A (100%) leniency (against a penalty which would otherwise have been over £100 million)
  • Arachchige v HMRC [2009] EWHC (Ch) 1077 (VAT treatment of phonecards)
  • Rank v HMRC [2009] EWHC (Ch) 1244 (fiscal neutrality VAT claims relating to VATA gambling exemption: on appeal to Court of Appeal)
  • Case C-402/07 AHP Manufacturing, judgment of 3 September 2009 (pharmaceuticals: supplementary protection certificates)
  • Freightliner v EWS (for claimant in CAT damages action: settled after CMC)
  • The Number v OFCOM (CAT telecommunications appeal [2008] CAT 33; on appeal to Court of Appeal)
  • RNLI v. HMRC (scope of zero-rating for supplies relating to sea-going vessels) [2009] UKFTT 39 (TC)
  • Ford v HMRC [2008] STC 83, CA (consideration and single/composite supply)
  • OFT tobacco investigation (for First Quench; negotiated early settlement)
  • OFT groceries investigation (for a manufacturer)
  • The Leaflet Company v Royal Mail (Art.82 damages action in High Court: settled)
  • Jersey Telecom v. Jersey Competition and Regulatory Authority (first Jersey telecoms appeal)
  • United Pan-Europe v. Belgian State (C-250/06) 13 December 2007 (broadcasting)
  • Vodafone and others v. C&E, C-369/04 (ECJ reference of 3G mobile phone companies claim for repayment of £3.5 bn VAT on payments made for 3G Licences), judgment 27 June 2007
  • Scott SA v. Commission 29 March 2007, Case T-369/00 (annulment of State aid recovery decision; on appeal by Commission to ECJ)
  • Independent Water Company v. Ofwat [2007] CAT 6 (admissibility)
  • Bellamy v Information Commissioner (first Information Tibunal claim on position of legal advice under FoIA)
  • Stericycle v. Competition Commission [2006] CAT 21 and [2007] CAT 9 (appeals against interim and final remedies imposed by CC in merger case)
  • Arcor, C-55/06 (telecommunications, 24 April 2008)
  • Mobistar, C-438/04 13 July 2006 (telecommunications)
  • Advising in relation to the OFT's investigation into price information exchanges by public schools (2006)
  • BCL Old Co v. Aventis (first CAT action for damages) [2005] CAT 1, [2005] CompAR 470
  • Replica Football Kit Appeals (first appeal in a contested cartel case) [2004] CAT 17 (liability), [2005] CAT 22 (penalty)
  • Claymore Dairies v. OFT [2003] CAT 3 (admissibility); [2003] CAT 12 (confidentiality); [2003] CAT 18 (stay of part of the proceedings); [2004] CAT 16 (disclosure); [2005] CAT 30 (abuse of dominant position); [2006] CAT 3 (conduct on withdrawal)
  • Lladro Comercial [2003] UKCLR 652 (Chapter I/resale price maintenance/fair procedure/no penalty imposed)
  • DEFRA v. Asda [2003] UKHL 71 (whether UK law criminalised infringement of certain EC regulations)
  • OFT v. X [2003] 2 All ER (Comm) 182, [2003] UKCLR 785 (compatibility of OFTs powers to "dawn raid" with the Human Rights Act 1998).

Member of the Treasury A Panel