Ben is a former Legal Secretary to the UK Competition Appeal Tribunal. Ben has experience of a wide variety of heavy and complex disputes and advisory work in the CAT, Chancery Division, Commercial Court, Administrative Court as well as guiding clients through CMA and other regulatory 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”. Work has covered the following sectors: water, postal services, satellite licensing, gaming and lotteries, organisation of sporting events, rules of professional associations, retailing (including after sales services), reciprocal licensing by collecting societies and banking services.
- Recent / Major Cases
The mainstay of Ben’s practice comprises complex public and private law commercial and regulatory disputes before the English and European Courts, regularly involving novel points in developing areas of the law. His cases also often have an international element raising complex issues of jurisdiction and applicable law and are often brought on behalf of classes or large groups of claimants. Examples in the public domain include:
- WH Smith v Mastercard and Visa – damages claim for losses caused by interchange fees for payment card services (Commercial Court).
- Arriva v Luton Airport Operations – abuse of dominance claim for injunction and damages in relation to access to infrastructure facilities (Chancery Division).
- Pinewood Pharmaceuticals v Reckitt Benckeiser – abuse of dominance damages claim re Gaviscon (Chancery Division)
- Siemens and Capital Meters v National Grid plc – abuse of dominance, claim for damages arising in the gas metering services market (CAT)
- Pfizer v AAH Pharmaceuticals – interim injunction application re pharma distribution arrangements.
- Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust TCC – interim injunction application to remove stay on procurement award decision.
- Lupin v European Commission – appeal against the Commission’s ‘pay for delay’ decision re Perindopril (General Court).
- Alpharma v European Commission – appeal against the Commission’s ‘pay for delay’ decision re Citalopram (General Court)
- LS Cable v European Commission – appeal against the Commission’s power cables cartel decision (General Court)
- HMRC v. Isle of Wight Council & others Case C-288/07 – preliminary reference re correct meaning of Article 4(5) 6th Directive, “significant distortions of competition” (Court of Justice Grand Chamber)
Cartel Damages Claims
- Emerald Supplies and others v British Airways plc – bringing a cartel claim by over 500 shippers for breach of EU statutory duty and common law economic torts (Chancery Division/Court of Appeal)
- WH Newson v IMI & Boliden – defending cartel damages claim based on EU and common law economic torts
- Nokia v. Hitachi & ors (LCD and CRT cartel claims, multi-Defendant, multi-jurisdictional High Court damages action)
- Bord na Mona and ors v BPI plc –industrial bags cartel claims.
- Moy Park Limited & Vion v Evonik Degussa GmbH – methionine multi-jurisdictional CAT damages claim) and related food phosphates cartel claim.
- EDF Energy v ABB and ors – Gas Insulated Switchgear cartel claim.
- Waha Oil Company v Dunlop Oil & Marine – marine hose cartel damages claim.
- Sintesi e Ricerca & ors v Shell & ors – candle wax cartel damages claim.
- Emerson Electric Co & Others v Morgan Crucible – electrical carbon cartel claims.
UK competition/regulatory public law disputes
- Groupe Eurotunnel v CMA – judicial review of CMA’s decision to prohibit acquisition of certain assets of the former SeaFrance (Supreme Court)
- BAA v. Competition Commission – judicial review challenge to decision to order BAA to divest Gatwick, Stansted and Glasgow/Edinburgh airports – (CAT/Court of Appeal)
- Stericycle International LLC v Competition Commission – Challenge to powers to impose a hold separate manager to manage an acquired business pending the outcome of inquiry into a completed merger (CAT)
- National Grid plc v Ofgem – appeal against abuse of dominance decision and penalty (CAT).
- Association of Convenience Stores v OFT 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.
- R(Thames Water Utilities Limited) v Ofwat – power of Ofwat to make inset appointments in relation to ‘brownfield’ sites such as King,s Cross – Administrative Court.
- R(ICO Satellite Ltd) v Ofcom – Challenge to decision to request the International Telecommunications Union to cancel satellite operator’s right to use certain frequencies (Court of Appeal).
- R (Cityhook Ltd) v OFT – legality of OFT case prioritisation policy (Administrative Court)
- Jersey Telecom Ltd v Jersey Competition and Regulatory Authority – introduction of mobile number portability to Jersey.
- H3G, BT and O2 v. Ofcom – mobile call termination (CAT).
- 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  TCC, (Successful interim application to remove stay on procurement award decision)
- R(Thames Water Utilities Limited) v Ofwat  (Admin) (power of Ofwat to make inset appointments)
- R(ICO Satellite Ltd) v Ofcom  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  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  Ch D (air cargo cartel damages claim)
- National Grid plc v Ofgem  CAT (abuse of a dominant position)
- R (Cityhook Ltd) v OFT  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)  (mobile call termination)
- Emerson Electric Co & Others v The Morgan Crucible Company plc . Damages claim based on an international cartel in the electrical carbon products market. (pending)
- AAH Pharmaceuticals Ltd & Others v Pfizer . 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  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  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
Ben is an experienced procurement lawyer. He advises on cases under the public and utilities regulations and wider EU obligations that affect procurements. His work has included advising parties to major procurements such as the tender for search and rescue helicopters or issues around the procurement of rail franchises and associated services. His experience also includes cases in the fields of construction, transport, education and social services. He has appeared in reported cases in the field, for example on behalf of the Contracting Authority that was successful in obtaining the lifting of the automatic suspension in Exel Europe Ltd v University Hospitals Coventry and Warwickshire NHS Trust.
He also has significant experience of cases that do not fall within the Regulations. His experience encompasses competitions for commercial licences, for example in relation to offshore electricity transmission services and major casino licences, where he has been instructed in related judicial review proceedings.
As an experienced competition lawyer and litigator he also has significant experience of the state aid and competition law issues that may arise in connection with procurement situations: see for example Arriva v Luton Airport where he acted on behalf of the successful claimant.
Ben is a member of the editorial board of one of leading publications in this area, the Public Procurement Law Review.
- 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  Administrative Court, concerning the power of Ofwat to make inset appointments.
- What the Directories Say
Competition Law: “Has a huge intellect, and is both incredibly hard-working and very organised.” “He has a very thoughtful style and is able to deal with a variety of complex legal issues quickly.” – Chambers UK & Chambers Global, 2016
”Very knowledgeable and on top of the detail.” Leading Junior in EU and Competition Law. Legal 500, 2015
Competition Law: “He clearly knows this area of law extremely well.” “He is proactive, gets stuck into a matter, and is a real team player.” – Chambers UK, 2015
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.”
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.
Administrative and Constitutional law Bar Association; Bar European Group; British Institute of International and Comparative law; Competition Law Association and Criminal Law Bar Association.
Fluent French; basic German; basic Italian.