Ben Rayment

Ben Rayment
Call 1996
Education

MA (Cambridge), BCL (Oxford)

Contact the Clerks

+44 (0)20 7405 7211 | chambers@monckton.com

Ben is a former Legal Secretary to the UK Competition Commission/Competition Appeal Tribunal. Ben has experience of a wide variety of heavy and complex litigation and advisory work in the CAT, Chancery Division, Commercial Court, Administrative Court as well as guiding clients through OFT and Competition Commission investigations.  According to clients Ben “brings clarity to very complex issues”.  He is “noted for his strong advocacy skills”, “intricate knowledge of competition law institutions” and the fact that he is “user friendly” and “will work extremely hard to get the right result”.  Recent work has covered the following sectors: water, postal services, satellite licensing, gaming and lotteries, organisation of sporting events, rules of professional associations, retailing and banking services.

Recent / Major Cases

Extensive experience of all the major appeals and judicial review proceedings brought under the Competition Act 1998, the Enterprise Act 2002 and the Communications Act 2003.

  • Arriva v Luton Airport Operations (2014) – abuse of dominance claim for injunction and damages in relation to access to infrastructure facilities.
  • Acting for European Commission in ongoing appeals to the EU General Court against the Lundbeck “pay for delay” decision in the pharma sector (2014).
  • Groupe Eurotunnel v Competition Commission – judicial review of Competition Commission’s decision to prohibit acquisition of certain assets of the former SeaFrance (2013).
  • Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust [2010]  TCC, (Successful interim application to remove stay on procurement award decision)
  • R(Thames Water Utilities Limited) v Ofwat [2009] (Admin) (power of Ofwat to make inset appointments)
  • R(ICO Satellite Ltd) v Ofcom [2010] EWHC 2010 (Admin) (Challenge to decision to request the International Telecommunications Union to cancel satellite operator’s right to use certain frequencies)
  • Moy Park Limited & ors v Evonik Degussa GmbH (methionine multi jurisdictional CAT damages claim)
  • Nokia v. Hitachi & ors (alleged LCD and CRT cartels, multi-Defendant, multi-jurisdictional High Court damages action)
  • Waha Oil Company v Dunlop Oil & Marine (marine hose cartel damages claim)
  • BAA v. Competition Commission [2009] CAT (Enterprise Act s.179, judicial review challenge to CC’s decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh airports)
  • Emerald Supplies Ltd v British Airways plc [2008] Ch D (air cargo cartel damages claim)
  • National Grid plc v Ofgem [2008] CAT (abuse of a dominant position)
  • R (Cityhook Ltd) v OFT [2008] Admin Court (legality of OFT case prioritisation policy)
  • HMRC v. Isle of Wight Council & others Case (2008) C-288/07 (correct meaning of Article 4(5) 6th Directive, “significant distortions of competition”)
  • Jersey Telecom Ltd v Jersey Competition and Regulatory Authority – introduction of mobile number portability to Jersey.
  • H3G, BT and O2 v. Ofcom (CAT) [2007] (mobile call termination)
  • Emerson Electric Co & Others v The Morgan Crucible Company plc [2007]. Damages claim based on an international cartel in the electrical carbon products market. (pending)
  • AAH Pharmaceuticals Ltd & Others v Pfizer [2007]. Successfully defended Pfizer against an application for an interim injunction based on EC and UK competition law seeking to restrain it from implementing its UK distribution arrangements.
  • Stericycle International LLC v Competition Commission [2006] CAT 21. Successfully represented the CC against the first challenge to its powers to impose a hold separate manager to manage an acquired business pending the outcome of its inquiry into a completed merger.
  • Association of Convenience Stores v OFT [2005] CAT 36: represented ACS in the first successful judicial review before the CAT of a decision by the OFT not to refer the major supermarkets to the Competition Commission under the Enterprise Act 2002.

 

EU and Competition

Extensive experience of all the major appeals and judicial review proceedings brought under the Competition Act 1998, the Enterprise Act 2002 and the Communications Act 2003.

  • Arriva v Luton Airport Operations (2014) – abuse of dominance claim for injunction and damages in relation to access to infrastructure facilities.
  • Acting for European Commission in ongoing appeals to the EU General Court against the Lundbeck “pay for delay” decision in the pharma sector (2014).
  • Groupe Eurotunnel v Competition Commission – judicial review of Competition Commission’s decision to prohibit acquisition of certain assets of the former SeaFrance (2013).
  • Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust [2010]  TCC, (Successful interim application to remove stay on procurement award decision)
  • R(Thames Water Utilities Limited) v Ofwat [2009] (Admin) (power of Ofwat to make inset appointments)
  • R(ICO Satellite Ltd) v Ofcom [2010] EWHC 2010 (Admin) (Challenge to decision to request the International Telecommunications Union to cancel satellite operator’s right to use certain frequencies)
  • Moy Park Limited & ors v Evonik Degussa GmbH (methionine multi jurisdictional CAT damages claim)
  • Nokia v. Hitachi & ors (alleged LCD and CRT cartels, multi-Defendant, multi-jurisdictional High Court damages action)
  • Waha Oil Company v Dunlop Oil & Marine (marine hose cartel damages claim)
  • BAA v. Competition Commission [2009] CAT (Enterprise Act s.179, judicial review challenge to CC’s decision to order divestiture of Gatwick, Stansted and Glasgow/Edinburgh airports)
  • Emerald Supplies Ltd v British Airways plc [2008] Ch D (air cargo cartel damages claim)
  • National Grid plc v Ofgem [2008] CAT (abuse of a dominant position)
  • R (Cityhook Ltd) v OFT [2008] Admin Court (legality of OFT case prioritisation policy)
  • HMRC v. Isle of Wight Council & others Case (2008) C-288/07 (correct meaning of Article 4(5) 6th Directive, “significant distortions of competition”)
  • Jersey Telecom Ltd v Jersey Competition and Regulatory Authority – introduction of mobile number portability to Jersey.
  • H3G, BT and O2 v. Ofcom (CAT) [2007] (mobile call termination)
  • Emerson Electric Co & Others v The Morgan Crucible Company plc [2007]. Damages claim based on an international cartel in the electrical carbon products market. (pending)
  • AAH Pharmaceuticals Ltd & Others v Pfizer [2007]. Successfully defended Pfizer against an application for an interim injunction based on EC and UK competition law seeking to restrain it from implementing its UK distribution arrangements.
  • Stericycle International LLC v Competition Commission [2006] CAT 21. Successfully represented the CC against the first challenge to its powers to impose a hold separate manager to manage an acquired business pending the outcome of its inquiry into a completed merger.
  • Association of Convenience Stores v OFT [2005] CAT 36: represented ACS in the first successful judicial review before the CAT of a decision by the OFT not to refer the major supermarkets to the Competition Commission under the Enterprise Act 2002.

 

Human Rights Law

Recent Human Rights work includes giving advice in relation to proceedings before the European Court of Human Rights regarding the compatibility with the right to property (Art 1, Protocol 1 ECHR) of certain Spanish planning laws (the Valencian Ley Reguladora de la Actividad Urbanistica). Work also includes cases under the International Covenant on Civil and Political Rights.

Procurement Law

Recent experience includes cases in the fields of construction, education, social services and offshore electricity transmission.

Ben recently appeared on behalf of the Contracting Authority that was successful in obtaining the lifting of the automatic suspension inExel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust [2010] TCC; a successful interim application to remove stay on procurement award decision.

Ben is a member of the editorial board of the Public Procurement Law Review (Sweet & Maxwell).

Tax, VAT & Customs

Ben is part of our VAT team and was recently involved in the Isle of Wight v HMRC test case which is at the intersection of VAT and competition law. The question at issue was the correct legal approach to assessing when local authority activities will lead to significant distortions of competition with private sector operators if not subject to tax. He has also been involved in cases on the correct tax treatment of mobile phone top-up vouchers as well as confiscation proceedings, in addition to advising on issues arising under the EU customs code.

Utilities Regulation

Ben appeared for Independent Water Networks Limited in R(Thames Water Utilities Limited) v Ofwat [2009] Administrative Court, concerning the power of Ofwat to make inset appointments.

What the Directories Say

Under Competition Law: A popular choice either unled or as junior counsel particularly in damages claims. He has been involved in an impressive number of the most complex and high-value cases in that area. “Very user-friendly, accessible and helpful.” “He is very much part of the team and well liked by clients.”Chambers UK, 2014

‘The former Legal Secretary to the UK Competition Commission and Competition Appeal Tribunal.’ Ben is listed as a leading Junior in EU & Competition Law. Legal 500, 2014

“The ‘cerebral‘ and ‘incisive‘ Ben Rayment ‘knows competition law inside out‘.” He is listed as a leading Junior in EU & Competition Law. Legal 500, 2013

Ben Rayment was flagged up by interviewees several times as “one to watch” and is noted for his “intricate knowledge of competition law institutions.” Those instructing him confirm that he “will work extremely hard to get the right result.” Chambers UK, 2013

Ben Rayment is a recommended leading junior in EU and Competition Law. Legal 500, 2012

“Ben Rayment is seen as having a fine future ahead of him. “Exceptional and something of a rising star,” he has a background as the legal secretary to the UK Competition Commission and the Competition Appeal Tribunal, and is noted for his strong advocacy skills. He acted as junior in BAA Plc v Competition Commission, a judicial review challenge to the Commission’s decision to order BAA to divest itself of a number of its airports.” – Chambers UK, 2012

Ben Rayment “whom clients ‘only have good things to say about’ and who acted in Emerald Supplies Ltd and Anor v British Airways;” is recommended in EU & Competition Law. Legal 500, 2011

Recommended in Competition/European Law in Chambers UK, 2011 is “the “bright and user-friendly” Ben Rayment, who brings substantial experience to the table as a former legal secretary to the UK Competition Commission and the CAT. He acted for European wax blender Ser with regard to litigation surrounding an alleged paraffin wax price-fixing cartel.”

Publications

Ben writes and speaks regularly on competition and public law issues.

  • Co-editor of the Competition Law Journal (Jordans)
  • Competition Litigation in the UK (Sweet & Maxwell)
  • Local Authorities and Human Rights ed. Drabble et al. (OUP)
  • Bellamy & Child (OUP): Sectoral Regimes (Transport; Communications; Energy; Insurance; Public Services)

He regularly speaks on judicial review, competition law and human rights to various legal audiences. Examples are the United Nations’ training course on competition for developing countries, the Nottingham Trent University’s Competition Law Advocacy Course, the Law Society European Group, the British Institute of International and Comparative Law and professional education providers IBC, CLT etc.

Additional Information

At the end of 2000 he was appointed as legal secretary (referendaire) to the President of the UK Competition Appeal Tribunal (“CAT”), Sir Christopher Bellamy (formerly Judge of the Court of First Instance of the European Communities).

As legal secretary to the CAT he was involved in all the first “landmark appeals against the decisions of the OFT and sectoral regulators under the Competition Act 1998, reviews of merger control decisions under the Enterprise Act 2002 and the first “follow on” claims for damages brought in the Tribunal under the 1998 Act.  He was also closely involved in the first appeals brought against decisions of the Office of Communications under the Communications Act 2003, which implements the EC Commission’s new Electronic Communications Package.

At the CAT he also assisted in drafting the Tribunal’s Rules of Procedure and Practice Directions and also liaised with central government departments in relation to legislation relevant to the operation of the CAT, including the operation of the European Commission’s “Modernisation” proposals embodied in EC Regulation 1/2003.

Memberships

Administrative and Constitutional law Bar Association; Bar European Group; British Institute of International and Comparative law; Competition Law Association and Criminal Law Bar Association.

Languages

Fluent French; basic German; basic Italian.

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