Ligia Osepciu

Ligia Osepciu
Call 2008 | New York Bar Admissision: 2009
Education

BA (Cantab), LLM (Cornell)

Contact the Clerks

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

Ligia has experience in all key Chambers’ practice areas and specialises in European law, competition law, procurement and utilities regulation. She has developed her teamwork skills and her understanding of clients’ needs through secondments in both the private sector (Linklaters LLP, January-June 2012) and the public sector (Ofgem, 2010-2011).

Recent and significant cases include:

  • UKSC 2012/0204 British Telecommunications plc v Telefonica 02 UK Ltd et al (08 numbers) (February 2014) – Junior Counsel to BT in an appeal to the Supreme Court concerning the exercise of Ofcom’s dispute resolution powers under section 185 of the Communications Act 2003 in respect of BT’s proposed wholesale “price ladders” for termination of calls to 08 numbers
  • Merck KGaA v European Commission (with Ronit Kreisberger) (2013) – appeal to the General Court of the European Union against COMP/39266 Lundbeck et al, the first ever decision of the European Commission concerning the application of Article 101 TFEU to reverse payment (“pay for delay”) patent settlements
  • Groupe Eurotunnel S.A. v Competition Commission (with Meredith Pickford) [2013] CAT 30 – acting for intervener in CAT appeal against the Competition Commission’s decision to block the acquisition by Eurotunnel of the assets of the former SeaFrance
  • Albion Water Limited v DŵrCymruCyfyngedig [2013] CAT 6 – appeared as junior counsel to the defendant in a follow-on claim for both compensatory and exemplary damages arising out of abusive excessive pricing and margin squeeze in the water sector.
Commercial Law

Ligia regularly advises on smaller scale commercial matters, often with a European or competition law flavour. She has appeared in her own right in commercial cases for the High Court and the County Courts.

Ligia has advised on a range of commercial/EU law issues, including:

  • procedure and merits of an application for inquiry as to damages under a third party cross-undertaking in damages;
  • contractual debt and damages claims (including competition law defences thereto);
  • economic tort claims against competitors engaging in unlawful conduct;
  • negligence claims against credit rating agencies;
  • electricity and gas disconnection disputes;
  • the requirements of the EU REACH Regulation on the Registration, Evaluation and Authorisation of Chemicals;
  • procedure for seeking a European Payment Order;
  • jurisdiction and choice of law in international proceedings (including Brussels Regulation and non-Brussels Regulation states);
  • service of proceedings out of jurisdiction (including non-Brussels Regulation states);
  • applications for specific disclosure, summary judgment and for setting aside default judgment.
Competition Law (including State Aid)

Ligia has experience of competition law litigation before the Competition Appeal Tribunal, the High Court and the General Court of the European Union. She regularly advises clients on competition law issues including distribution and licensing agreements, exclusive purchase and supply agreements and information exchange. She also advises both public and private sector clients on the State aid implications of government grants, loans and contracts.

Recent competition law instructions include:

  • Merck KGaA v European Commission (with Ronit Kreisberger) (2013) – appeal to the General Court of the European Union against COMP/39266 Lundbeck et al, the first ever decision of the European Commission concerning the application of Article 101 TFEU to reverse payment (“pay for delay”) patent settlements
  • Groupe Eurotunnel S.A. v Competition Commission (with Meredith Pickford) [2013] CAT 30 – acting for intervener in CAT appeal against the Competition Commission’s decision to block the acquisition by Eurotunnel of the assets of the former SeaFrance
  • Private Healthcare Market Investigation (with Kassie Smith QC and Rob Williams) (2013) – assisting Competition Commission in relation to its investigation into the operation of the UK private health care sector
  • Albion Water Limited v DŵrCymruCyfyngedig [2013] CAT 6 (with Daniel Beard QC and Meredith Pickford) – acting for defendant in follow-on damages case involving excessive pricing and margin squeeze in the water sector
  • COMP M.6541 Glencore/Xstrata (secondment at Linklaters LLP, London) (2012) – notification to the European Commission of merger between a mining company and a commodities trader
  • Morrisons et al v Office of Fair Trading [2011] CAT 41 (part of team lead by Paul Lasok QC) – acted for the OFT in CAT “Tobacco” appeals concerning the compatibility of parity and differential pricing practices with the Chapter I prohibition

Recent State aid instructions include:

  • Advising a private sector company on options for challenging the actions of a competing local authority company (2013/2014)
  • Advising a number of London Boroughs on the potential State aid implications of a WiFi services concession tender (2013)
  • Advising the Department for Communities and Local Government in a number of State aid cases involving the “claw back” of European Regional Development Fund grants (2011/2012)
Procurement Law

Ligia regularly advises private sector and government clients on the merits of bringing or defending proceedings under the Public Contracts Regulations 2006 and the Utilities Contracts Regulations 2006, as well as acting in High Court procurement litigation. She has advised a number of clients on tender design as well as the risks and mechanics of mid-contract change.

Recent procurement instructions include:

  • Advising a contracting authority on the “material change” risk and implications associated with renegotiation of a high value works contract (with Michael Bowsher QC) (2014)
  • Advising on the application of the “programme material” exemption from the Public Contracts Regulations 2006 (2013/2014)
  • R (on the application of All About Rights Law Practice) v The Lord Chancellor (formerly the Legal Services Commission) (2013/2014) – acting for the private sector claimant in an application for permission to appeal to the Court of Appeal against a first instance judgment concerning the obligation/discretion of a contracting authority to seek clarification of an incomplete tender
  • Challenging the award of a below threshold works contract – achieved successful settlement (2013)
  • Advising an unsuccessful tender in relation to a challenge to a procurement of pharmaceuticals (2013)
  • Advising a contracting authority on choice of law in cross-border procurement (2013)
  • Advising a not-for-profit in receipt of public funds on its obligations under the Public Contracts Regulations 2006 (2013)
  • Advising campaigners 38 degrees on the implications of the National Health Service (Procurement, Patient Choice and Competition) Regulations 2013 for NHS procurement (2013)
  • Advising a government department on the design of a complex ICT procurement (2013/2014)
  • Advising a local authority on the contractual and procurement implications of terminating a high value works concession (with Michael Bowsher QC) (2013)
  • Advising a lender to the winning bidder on “ineffectiveness” risk and protections (2013)
  • Advising a tenderer on the personal and territorial scope of the mandatory and discretionary exclusion criteria in regulation 23 of the Public Contracts Regulation 2006 (2013)
  • Advising a winning bidder on challenge to a decision to terminate a procurement (2012 /13)
  • Successfully challenging a Legal Services Commission Telephone Advice Contract (with Michael Bowsher QC) (2012/2013)
Telecommunications Law

Ligia has been involved in appeals against Ofcom decisions in both price control and non-price control matters. She is familiar with both the European Common Regulatory Framework (CRF) for telecommunications and its implementation though the UK Communications Act 2003. She advises regularly on the application of the Telecommunications Code (concerning siting and removal of telecommunications apparatus).

Recent telecommunications instructions include:

  • UKSC 2012/0204 080, 0845 and 0870 numbers (with Daniel Beard QC and Sarah Lee) (February 2014) – instructed as Junior Counsel to BT in an appeal to the Supreme Court concerning the limits of Ofcom’s dispute resolution powers under section 185 of the Communications Act 2003
  • Advising the administrator of an adult website in relation to enforcement proceedings brought by the Authority for Television on Demand (“ATVOD”) under the European Audiovisual and Media Services Directive (Directive 2010/13/EU) and UK implementing legislation (2013/14)
  • Acting for a provider of premium rate mobile internet services in proceedings before the PhonepayPlus Tribunal concerning alleged breaches of the PhonepayPlus Code of Practice (with Gerry Facenna) (2013)
  • Edmondson et al v R [2013] EWCA Crim 1026 (with Andrew Edis QC, Daniel Beard QC and Rebecca Chalkley) – Junior Counsel to the Crown at appeal phase of the News of the World phone-hacking prosecutions; advising on the impact of the European Common Regulatory Framework for telecommunications on the interpretation of the Regulation of Investigatory Powers Act 2000
  • British Telecommunications plc (Wholesale Broadband Access Charge Control) v Ofcom (with Meredith Pickford) (2011/12) – acting for interveners BskyB and TalkTalk in BT’s appeals against the Wholesale Broadband Access charge control imposed by Ofcom
Utilities Regulation

In 2010/11, Ligia was seconded to the Smarter Grids and Governance team at Ofgem, where she gained a strong grounding in the UK electricity and gas transmission and distribution licensing and charging regimes. She has since advised both the regulator and private parties on a range of transmission and distribution issues. She has also gained experience of water regulation and railway regulation through her secondment to Linklaters LLP in 2012.

Recent utilities regulation instructions include:

  • Advising Ofgem on the discharge of its dispute resolution functions in a matter concerning the treatment of reactive power imports under a distributor’s charging methodology (2013)
  • Advising a local authority on options for challenging an electricity distributor’s (re)connection charges (2013)
  • Advising Ofgem in relation to a proposed expansion in the role of Elexon (the company responsible for GB balancing and settlement arrangements) – with Pushpinder Saini QC (2013)
  • Advising on the Interim Determination of K (“IDoK”) regime in the water sector
  • Advising Ofgem in relation to a proposal to modify the Balancing and Settlement Code arrangements for the payment of use of system charges by UK generators – with Daniel Beard QC (2012/2013)
  • Advising Ofgem in relation to the maintenance responsibility for sub-deduct gas arrangements (2012)
Additional Information
  • BA (Law) Trinity College, Cambridge (Trinity College and Cambridge Commonwealth Trust Scholar) (2003-2006)
  • LLM, Cornell University Law School, Ithaca, New York (Trinity College Hollond Travelling Studentship) (2006-2007)
  • Bar Vocational Course, BPP Law School, London (Lincoln’s Inn Hardwicke Entrance Scholar & Droop Scholar) (Trinity College Whittaker Scholar) (2007-2008)
  • Bar European Group Phoeicia Scholar (2009)

Languages

French (fluent), Romanian (native)

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