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.

George has co-authored the latest edition of the Blackstone's Guide to the Freedom of Information Act 2000. For further information on the title, please click here.

George is a Director of Advocates for International Development (A4ID) and is a part-time Judge of the First Tier Tribunal (Social Entitlement Chamber).

MAJOR CASES

Competition

Association of Convenience Stores and National Federation of Retail Newsagents v OFT (Competition Appeal Tribunal, ongoing challenge to OFT prioritisation decision)
Kerry Foods/Headland (successful defence before Competition Commission of completed merger in frozen ready meals)
NewsCorp/BSkyB (advising Avaaz)
LAN Chile v. Commission (T-41/11); Air Canada v. Commission (T-9/11) (acting for Commission in air cargo cartel appeals)
Renew plc v. OFT; Robert Woodhead v. OFT (successful appeals to the CAT against penalties in the OFT's construction cover pricing decision)
Oxley Threads v. Commission, T-448/05 (cartels; judgment of 28/4/10)
R (Dwr Cymru) v Ofwat (judicial review [2010 UKCLR 469: successful defence of Ofwat's policy on inset appointments)
Fish Holdings v. OFT [2009] CAT 34 (time limit for appeal in CAT)
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)
Freightliner v EWS (for claimant in CAT damages action: settled after CMC)
Transocean/Global Santa Fe: (successful negotiation of undertakings in lieu before OFT: oil rigs)
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)
Independent Water Company v. Ofwat [2007] CAT 6 (admissibility)
Scott SA v. Commission 29 March 2007, Case T-369/00 (annulment of State aid recovery decision; on appeal by Commission to ECJ)
Stericycle v. Competition Commission [2006] CAT 21 and [2007] CAT 9 (appeals against interim and final remedies imposed by CC in merger case)
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)
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).
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

VAT

SRI International v HMRC [2011] STC 1614 (ability to deduct input tax)
Arachchige v HMRC [2010] EWCA Civ 1255 (VAT treatment of phonecards)
Wheels v. HMRC (VAT on financial services; fiscal neutrality: ongoing)
Rank v HMRC [2009] EWHC (Ch) 1244 (fiscal neutrality VAT claims relating to VATA gambling exemption: now referred to ECJ where George is representing the UK)
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)
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

EU law (general)

Fruition PO v. DEFRA (referred to ECJ; common agricultural policy)
Milk Supplies Limited v. DEFRA[2010] EWCA Civ 19 (Abuse of rights: Court of Appeal)
Case C-402/07 AHP Manufacturing, judgment of 3 September 2009 (pharmaceuticals: supplementary protection certificates)
DEFRA v. Asda [2003] UKHL 71 (whether UK law criminalised infringement of certain EC regulations)

Telecoms

The Number v OFCOM (CAT telecommunications appeal [2009] EWCA 1360 (referred to ECJ)
Jersey Telecom v. Jersey Competition and Regulatory Authority (first Jersey telecoms appeal)
United Pan-Europe v. Belgian State (C-250/06) (ECJ)
Arcor, C-55/06 (ECJ)
Mobistar, C-438/04 (ECJ)

Freedom of Information

Dunn v Information Commissioner and DCLG (ongoing)
Keene v Information Commissioner and COI
Bellamy v Information Commissioner (first Information Tribunal claim on position of legal advice under FoIA)

COMPETITION LAW

George has extensive experience of UK and EC competition law, acting both for private parties and for regulators. George regularly appears before the Competition Appeal Tribunal, the European Court of Justice and General Court and before the OFT and Competition Commission, as well as the High Court and Court of Appeal. He has extensive experience of advising and representing major companies and public bodies in:

cases involving possible infringements of Article 101 or 102 of the TFEU (formerly Arts. 81 and 82 EC) or Chapter I or II of the UK Competition Act
merger and market investigations before the OFT and Competition Commission, and challenges in the CAT
appeals against Commission decisions to the General Court and ECJ
State aid issues

COMPETITION HIGHLIGHTS INCLUDE

(* indicates the party for whom he acted)

Cartel investigations and investigations under CA98 and Articles 101/102

Association of Convenience Stores and National Federation of Retail Newsagents v OFT (Competition Appeal Tribunal, ongoing challenge to OFT prioritisation decision)
Kerry Foods/Headland (successful defence before Competition Commission of completed merger in frozen ready meals)
LAN Chile v. Commission* (T-41/11); Air Canada v. Commission* (T-9/11) (air cargo cartel appeals)
Renew plc* v. OFT; Robert Woodhead* v. OFT (successful appeals to the CAT against penalties in the OFT's construction cover pricing decision): advised other companies in relation to OFT investigation
Oxley Threads* v Commission, T-448/05 (cartels; judgment of 28/4/10)
Fish Holdings* v. OFT [2009] CAT 34 (time limit for appeal in CAT)
OFT groceries investigation: acted for well-known food manufacturer; OFT dropped case
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)
OFT tobacco investigation (for First Quench: early settlement after Statement of Objections)
Independent Water Company v. Ofwat* [2007] CAT 6 (admissibility)
Advising in relation to the OFT's investigation into price information exchanges by public schools (2006)
Replica Football Kit Appeals (first appeal to the CAT 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)
OFT* v. X [2003] 2 All ER (Comm) 182, [2003] UKCLR 785 (High Court: compatibility of OFTs powers to "dawn raid" with the Human Rights Act 1998)

Private actions

Freightliner* v EWS (for claimant in CAT damages action: settled after CMC)
The Leaflet Company v Royal Mail* (major Art.82 damages action in High Court: settled)
BCL Old Co v. Aventis (first CAT action for damages: for additional party) [2005] CAT 1, [2005] CompAR 470
Claritas* v Post Office [2001] UKCLR 2 (High Court: first application for an injunction under the Competition Act)
Synstar v ICL* [2001] UKCLR 982, High Court
Advised in several other cases settled before proceedings issued

Utilities/telecoms regulation

R (Dwr Cymru) v Ofwat* (High Court judicial review [2010 UKCLR 469: successful defence of Ofwat's policy on inset appointments)
The Number v OFCOM* (CAT telecommunications appeal [2008] CAT 33; referred to ECJ by Court of Appeal)
Jersey Telecom*v. Jersey Competition and Regulatory Authority (first Jersey telecoms appeal: settled)
Arcor, C-55/06 (ECJ: telecommunications, 24 April 2008: for UK)
United Pan-Europe v. Belgian State (C-250/06) 13 December 2007 (ECJ: broadcasting: for UK)
Mobistar, C-438/04 13 July 2006 (ECJ telecommunications: for UK)

State aid

Harbinger Capital Partners* v Caldwell and HM Treasury (compensation claim by shareholders arising out of the nationalisation of Northern Rock)
Scott SA* v. Commission Case C-276/03P (ECJ: preliminary issue): Case T-369/00 (CFI) (annulment of State aid recovery decision; on appeal by Commission back to ECJ)
Frequent advice to private and public bodies (including Government departments, local authorities and financial investors) on application of State aid rules, including advice on major infrastructure projects and proposed tax measures

Mergers/market investigations

NewsCorp/BSkyB (advising Avaaz)
Kerry/Headland (ongoing)
Stericycle* v. Competition Commission [2006] CAT 21 and [2007] CAT 9 (judicial review in the CAT against interim and final remedies imposed by CC in merger case)
In the OFT/Competition Commission: 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); Acco/General Binding Corp (office equipment); Knauf/Superglass (insulation products; OFT and CC); OWL/Adastra (software); Extended Warranties

CONSUMER LAW

George has advised a number of clients, including the DTI and leading travel companies, on consumer law issues. The areas on which he has advised include the Unfair Terms in Consumer Contracts Regulations, consumer credit issues and trading schemes. He has acted for licensees in appeals against licensing decisions by the OFT. George advised extensively on consumer law issues while at the OFT.

He has also advised on the Unfair Terms in Consumer Contracts Regulations, and advised a leading travel company on action by the OFT.

EUROPEAN LAW

In addition to the particular areas of EC law set out above, George has acted in a number of cases involving points of general EC law. Highlights include two House of Lords cases: Optident v. DTI [2001] UKHL 32 and DEFRA v. Asda [2003] UKHL 71 (led by the Attorney General). George has also advised, and acted in the High Court and Court of Appeal for DEFRA on matters involving EC agricultural law.

In addition to the numerous ECJ and General Court cases mentioned under other heads, George also acted for the UK in Case C-402/07 AHP Manufacturing, judgment of 3 September 2009 (pharmaceuticals: supplementary protection certificates)

FREEDOM OF INFORMATION

George has advised public and private clients on data protection and freedom of information issues. He is on the Treasury Solicitor's panel of Counsel who act for the Government in FOI cases. He acted for the complainant in the early, and still leading, Information Tribunal case of Bellamy v. Information Commissioner (disclosability of legal advice relied on by the DTI): recent cases include Keene v. Information Commissioner and Central Office of Information (commercially sensitive information) and Dunn v Information Commissioner and Department of Communities and Local Government (lawyer/client privilege and Law Officers' advice).

He is one of the co-authors of the new edition of the Blackstone's Guide to the Freedom of Information Act. For further information on the title, please click here.

PUBLIC LAW

George acts for both public and private clients in public law proceedings. Career highlights include: the first judicial review of an interim measures decision by the Competition Commission, and the first challenge under the Enterprise Act to a Competition Commission finding of substantial lessening of competition in a merger case (Stericycle v CC) and the leading case on compatibility of the OFT's "dawn raid" powers with the Human Rights Act (OFT v X).

Public law cases in the last year include successfully defending Ofwat in the first challenge to its use of inset appointments in water regulation (R(Dwr Cymru) v Ofwat [2010] UKCLR 269) and defending DEFRA's powers to impose penalties under the CAP Regulations (Milk Supplies Limited v DEFRA, Court of Appeal [2010] EWCA Civ 19, challenge dismissed).

George is a member of the Attorney General's A panel, and is also a member of the Treasury Solicitor's specialist Freedom of Information panel - for FOI cases in which he has acted see that section.

TELECOMMUNICATIONS LAW

George frequently advises Ofcom and private parties in relation to telecommunications issues. He is presently advising Ofcom on a number of issues arising from the implementation of the Universal Services Directive in the UK. He is also advising Jersey Telecom in the first Jersey telecomm's appeal in relation to issues arising under Jersey competition and telecommunications law. George has acted for Ofcom and for the United Kingdom in a number of cases before the Competition Appeal Tribunal and ECJ, including:

In the Competition Appeal Tribunal

BT v Ofcom (powers of Ofcom in s.188 dispute resolution; ongoing)
The Number v Ofcom [2008] CAT 33; on appeal to Court of Appeal

In the European Court of Justice

Mobistar (for the UK) C-438/04 (interpretation of Universal Services Directive)
Arcor (for the UK) C-55/06

VAT

George has acted for HMRC in a number of leading VAT cases, including:

SRI International v HMRC [2011] STC 1614 (ability to deduct input tax)
Wheels v HMRC (VAT on financial services; fiscal neutrality: ongoing)
Arachchige v HMRC [2010] EWCA Civ 1255 (VAT treatment of phonecards)
Rank v HMRC [2009] EWHC (Ch) 1244 (fiscal neutrality VAT claims relating to VATA gambling exemption: referred to ECJ where George is acting for the UK)
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)
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 (led by the Attorney General)

PUBLICATIONS

George is one of the joint authors of the latest edition of Blackstone's Guide to the Freedom of Information Act 2000.

George was a member of the team that prepared the current edition of Bellamy and Child on the European Community Law of Competition (chapter on enforcement and procedure), and also wrote the chapter on procedure before the OFT in Ward & Smith "Competition Litigation in the UK". He is contributing to a number of other works dealing with the Competition Act. He is a consulting editor of the UK Competition Law Reports. He has written articles on competition law for the Competition Law Journal, European Competition Law Review, PLC and The Lawyer.

George has given talks on a wide variety of competition law issues to training conferences (such as IBC, Hawksmere and PLC), Government lawyers, the Solicitors' European Group, and individual companies and firms of solicitors. He has also given talks on VAT and freedom of information issues to various audiences.

LANGUAGES

Good working knowledge of French and Spanish: he can accept instructions in, and read documents in, both languages, and has given talks on competition law in French.