OWAIN DRAPER

MA Eng Lit (First Class), Dip Law
CALL DATE: 2008

SUMMARY

Owain accepts instructions and has gained experience in all of Chambers' main practice areas, with a focus on competition law, sports law and general EU law.

After taking tenancy in 2009, Owain undertook an internship in the Chambers of Eleanor Sharpston QC, the English Advocate General, at the European Court of Justice.

Since returning to Chambers, he has advised and represented public and private clients in competition, sports, VAT, procurement and public law matters, including representing an international sports federation on appeal to the Court of Arbitration for Sport.

COMPETITION LAW

Owain regularly advises private clients and regulators in relation to competition law matters, and has represented private clients in High Court proceedings and in a merger reference to the Competition Commission.

Representation

Along with John Swift QC and George Peretz, Owain represented Kerry Foods Ltd in its ultimately successful merger reference to the OFT and Competition Commission, the clearance decision can be seen here.

Owain is currently instructed, as junior to Christopher Vajda QC and Ronit Kreisberger, by Teva Pharmaceuticals Ltd in its defence of expedited High Court proceedings brought by a group of pharmaceutical companies that allege that Teva had abused a dominant position in the supply of a treatment for multiple sclerosis.

He has also represented Roche Pharmaceuticals Ltd in two interim hearings in the Chancery Division, also in relation to an alleged abuse of dominance: Chemistree v Roche [2011] EWHC 1471] and [2011] EWHC 1521.

CDI AndersElite instructed Owain, as junior to Ronit Kreisberger, in its successful appeal against the fine arising out of the OFT's Construction Recruitment Forum decision: [2011] CAT 8. CDI's fine was reduced from around £7.6 million to around £1.5 million on appeal.

Owain has made successful applications to the Companies Court for the certification of cross-border mergers under the Companies (Cross Border Merger) Regulations 2007.

Advice

Owain has worked on secondment at Ofgem and has since provided external advice to the Authority in relation to competition in the ownership of network assets and in relation to excessive pricing.

Owain recently advised, with Jon Swift QC, a television company in relation to a potential breach of merger undertakings by a competitor. He has also advised a major company in the food retail sector in relation to an alleged refusal to supply by a competitor.

Other

Owain has provided various competition law lectures, including teaching on the competition law module of a postgraduate sports law course.

Pupillage

During pupillage, Owain assisted in competition law cases including:

R v George and others. Preliminary legal arguments on the compatibility of the UK cartel offence with Community law.

BAA v Competition Commission [2009] CAT 35. An Enterprise Act 2002 review, on the grounds of proportionality and apparent bias, against the divestment remedy decided upon by the Commission in its market investigation into the supply of airport services by BAA. (Reversed in the Commission's favour in the Court of Appeal - [2010] EWCA Civ 1097)

Bookmakers' Afternoon Greyhound Services v Amalgamated Racing Limited [2009] EWCA Civ 750. Appeal to the Court of Appeal concerning the application of ex-Article 81 EC to the joint selling by racecourses of certain media rights to live horse racing.

Tesco v Competition Commission [2009] CAT 6. An Enterprise Act 2002 review, on the ground of proportionality, of the Commission's decision on the remedy to be imposed in relation to the high level of concentration (at the local level) in the grocery retail market.

EUROPEAN LAW

Owain regularly advises on points of EU law arising, in particular, in regulatory and sports law contexts. He also has considerable experience in the EU law applying to the supply of gas electricity, having advised the Gas and Electricity Markets Authority on a number of issues of EU law.

The Department of Health has instructed Owain (with Nicholas Paines QC and Ian Rogers) in the judicial review proceedings brought by Imperial Tobacco and others against the prohibition of retail tobacco displays, which was ranked by The Lawyer as one of the top 20 cases for 2011. The claimants argue, amongst other things, that the prohibition is contrary to Article 34 TFEU.

Owain represented the OFT, led by Anneli Howard, in European Environmental Controls Limited v The Office of Fair Trading [2010] UKFTT 475 (GRC) and in the successful defences of that judgment against an appeal to the Upper-Tier Tribunal and a challenge by way of judicial review.

PUBLIC & ADMINISTRATIVE LAW

Owain is currently instructed by the Department of Health (with Nicholas Paines QC and Ian Rogers) in the judicial review proceedings brought by Imperial Tobacco and others against the prohibition of retail tobacco displays, which is ranked by The Lawyer as one of the top 20 cases for 2011. The cases involve challenges on EU, human rights and domestic public law grounds.

He is presently instructed as sole counsel for the Secretary of State for the Home Department in a detention judicial review and damages claim.

Owain has advised the Gas and Electricity Markets Authority (as junior) on a number of public law matters including, the adequacy of consultation, legitimate expectations and the scope of statutory powers.

Reported cases include:

R (Mahmoud) v Secretary of State for the Home Department [2011] EWHC 748 (Admin) - Owain is acting for the Secretary of State in this judicial review, the substantive hearing of which is to take place in early 2012.

Lunt v Liverpool City Council [2010] 1 C.M.L.R. 14 (as pupil assisting Gerry Facenna). A potentially highly significant High Court claim against the council on disability discrimination grounds (and European free movement law).

SPORTS LAW

Owain has advised and represented sports bodies and participants at all levels, including at tribunal and in the High Court, the Court of Appeal and the Court of Arbitration for Sport. He regularly advises sportspersons, including Premier League footballers, in relation to commercial and regulatory disputes and has lectured in competition law on a postgraduate sports law course.

Notable cases include:

Fulham Football Club (1987) Ltd v Richards [2011] EWCA 855

Instructed (with Philip Marshall QC and Paul Harris) by Fulham FC in its appeal to the Court of Appeal in a case arising out of the transfer of Peter Crouch to Tottenham Hotspur FC and which raised issues as to arbitrability and fiduciary duties.

Broughton v Hicks and Gillett and ors

Instructed (with Philip Marshall QC and Paul Harris) by the former Chairman of Liverpool FC, Sir Martin Broughton, in his claim for declaratory relief against Messrs Hicks and Gillett (and others) in relation to the sale of Liverpool FC in October 2010, and is also instructed by Sir Martin and two other directors in relation to the counterclaim and additional claims for breach of fiduciary duty brought by the former owners of the club.

International Wheelchair Basketball Federation v. UK Anti-Doping & Simon Gibbs (CAS 2010/A/2230)

Owain represented the IWBF in its appeal to the CAS against the two-year ban imposed upon one its member athletes, Simon Gibbs. The case was said by the Sole Arbitrator to the first in which a "frontal assault" on the proportionality of such bans had been pursued in reliance on EU law, including competition law, and human rights.

TAX AND REVENUE LAW

Owain has represented and advised HMRC and taxpayers in relation to a number of high-profile VAT matters, and is currently instructed by HMRC in relation to the VAT treatment of off-street car parking services provided by local government.

In recent months, Owain has:

represented a taxpayer in its successful appeal against a refusal by HMRC to register it as having conduct of the business of operating a helicopter for partial "private use";
advised a top-tier European football club on the merits of an appeal in relation to the VAT place of supply rules;
advised jointly (as junior) a trader on the merits of its appeal in relation to HMRC's refusal of input VAT claims on the grounds of alleged MTIC fraud;

Owain is the author of several articles published in the Tax Journal and De Voil Indirect Tax, and his explanations of simple MTIC fraud and contra-trading were referred to by the tribunal in Fusion Electronics Ltd v HMRC [2011] UKFTT 529 (TC).

During pupillage, Owain assisted Peter Mantle in Chalke and Barnes v HMRC [2009] 952 (Ch) and Andrew Macnab in Homeserve v HMRC [2009] EWHC 1311 (Ch).