Anneli Howard

Call 2002 || (Solicitor) 1999
Education
MA (Oxon) 1994 - First class; BCL (Oxon) 1995
Contact

+44 (0)20 7405 7211

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Anneli Howard is recommended as a leading junior by Chambers, Legal 500 and Who’s Who in Competition, EU law, Aviation, Telecommunications and Consumer Law/Product Liability. In 2018 Anneli won The Legal 500 award for EU/Competition Junior of the Year and is recognised as a ‘Thought Leader’ by Who’s Who for EU and competition law.

Applauded by market commentators, who “rate her very highly indeed” as a competition specialist. Her practice encompasses a wide range of competition matters, including abuse of dominance, state aid and cartel matters” – Competition, Who’s Who Legal UK Bar 2019

Held in high esteem by sources who say “her reputation precedes her as an outstanding barrister in the field”. She has nearly two decades of experience in regulatory and competition disputes before EU and UK courts and authorities” – Telecoms, Who’s Who Legal UK Bar 2019

“She is very hard-working, ferociously bright and she really does do a great job at getting the client’s case in the best possible order.” “She understands the commercial realities of our business, the rationale of our objective and the wider environments in which we work.”Chambers UK, 2017

”Analytically very strong, as well as being pragmatic and user-friendly” with an ”excellent strategic mindset and strong written advocacy; tenacious when defending.” Legal 500, 2015 

A former Référendaire at the European Court of Justice, she has expert insight of the interaction between EU and domestic law, including telecoms, pharmaceuticals, transport, utilities and other regulated industries. Since November 2012 she has been Standing Counsel to the Civil Aviation Authority to advise on their competition law and economic regulation. Anneli is a member of the Attorney General’s A Panel for Public/Administrative Law and to its Public International Law Panel and acts in high profile judicial review proceedings involving a range of different Government Departments.

Anneli is “a client’s dream counsel – a real class act.” She is recognised for her legal acumen: clients note her “strong intellect, “very good technical knowledge” and “methodical and alert competition assistance”. They have credited her as a “brilliantly strategic thinker” and an “accomplished courtroom performer” who is “amazingly clear“.

More than just a lawyer, Anneli is a hands-on team player who pulls more than her weight in achieving her clients’ objectives. She is “responsive, hardworking and practical” and “listens to what you want to achieve and goes about it in an incredibly time-responsive manner”. Chambers UK has highlighted her “total dedication and real application to the case”.

Significant clients include Visa, Orange Telecom, BT, Openreach, Inmarsat, HTC, CAA, CMA, Ofgem, ORR, BEIS, DCMS, DHSC, MHRA, Freshfields Bruckhaus Deringer, Linklaters, Hogan Lovells, Hausfeld, Pinsent Masons, Mishcon, Macfarlanes and Jones Day.

  • Competition Law & EU

    “Applauded by market commentators, who “rate her very highly indeed” as a competition specialist. Her practice encompasses a wide range of competition matters, including abuse of dominance, state aid and cartel matters” – Competition, Who’s Who Legal UK Bar 2019

    Incredibly motivated and has a can-do attitude.” – Legal 500, 2018

    Anneli is a senior junior with extensive experience in EU and UK competition law. In 2018 she was recognised by Legal 500 as “Junior Barrister of the Year” for EU/Competition, and has previously been nominated by chambers. She is Standing Counsel to the Civil Aviation Authority on competition, regulatory and EU matters and advises various sectoral regulators on antitrust investigations and licensing investigations.

    She advises both commercial clients and regulators on a wide range of domestic and EU antitrust, competition and regulatory issues, including cartels, leniency, complaints, commitments and settlement procedures, abuse of dominant position, exclusivity, online restrictions, distribution agreements and state aid. Anneli also acts for private parties in injunction and competition damages claims under Articles 101 and 102 in the CAT, Chancery Division and Commercial Court.

    A large part of her practice focuses on judicial review challenges in the public competition law sector, under state aid, public procurement and Article 106 entrustment of SGEIs and exclusive rights.

    Anneli has a sound grasp of economic concepts across the breadth of competition law, from market definition to market power assessments, theory of harm, counterfactual analysis and objective. She has in depth familiarity with UK and EU competition law practice and procedure as shown by her contributions to the leading text book Bellamy & Child European Community Law of Competition (Co-Author of Chapter 16 “Litigating Infringements in National Courts”), Competition Litigation in the UK (Sweet & Maxwell) and Judicial Control in the EU (OUP 2004). She is Co-editor of UK Competition Procedure: the Modernised Regime (OUP 2007) and has contributed various articles and organizes international conferences on the implementation of the Damages Directive.

    Anneli has appeared on behalf of private clients and regulators before the Competition Appeal Tribunal, Commercial Court, Chancery Division and Court of Appeal as well as the European Commission in Brussels and the General Court and Court of Justice in Luxembourg. She has defended large corporations such as Visa, Orange and BT but also acts for claimants in class actions in stand-alone and follow-on damages.

    Competition Damages / Injunctions

    • Trucks: Acting in potential class action and advising on class certification issues and merits.
    • PING: Advising complainant in CMA investigation regarding PING’s online sales ban regarding sales of sports equipment – drafted complaint and represented complainant in CMA investigation and subsequent appeal; secured protection of complainant’s anonymity and confidential material during the appeals [2018] CAT 7.
    • Online restrictions: Acting for various claimants in injunctions and damages claims regarding online sale restrictions, platform bans, geo-fencing and RPM.
    • Philips v HTC a.o.: Expedited Standard Essential Patent and FRAND dispute conformance with patented technology in mobile phones. Raises issues regarding compatible interpretation of ETSI policy with Article 101 TFEU – trial listed June 2019.
    • Power cables National Grid v ABB a.o.: Defending the Italian Prysmian group of companies in damages action relating to the supply of underground powers cables,
    • WindfarmsVattenfall: Jurisdiction challenge to use of non-addressee UK subsidiary as anchor defendant for pay EU competition damages claims under Art 101; defending main cross-border damages action.
    • East Midlands Airport / Prestige Parking: Advised CAA at all stages of its investigation culminating its first Chapter 1 infringement and fining decision regarding minimum price obligations and information exchange regarding car parking services at – the decision was not appealed.
    • Bathroom fittings: Advising Bathroom fittings supplier in relation to CMA investigation regarding online restrictions, conducting contract review and introducing compliance training.
    • Interchange Litigation – Arcadia v Visa: Defending Visa Europe and Visa UK in 13 Commercial Court claims for damages and restitutionary relief over EU and UK interchange fees. Successfully obtained strike out of over 30 years’ worth of claims on limitation grounds before the Commercial and the Court of Appeal.
    • Interchange litigation –Sainsbury’s, Tesco and Arcadia etc v Visa Europe a.o: Defending Visa Europe in multiple stand- alone damages claims before the Chancery Division and Commercial Court seeking damages relating to interchange fees post 2007. Anneli assisted in case strategy, making and resisting disclosure applications, drafting pleadings and RFIs, finalising witness statements and economic evidence and preparing for trial.

    Competition and Regulatory JR

    • NHS Supply Chain: Advising DHSC on state aid and Art 106 TFEU in relation to the procurement transformation programme.
    • National Infrastructure: Advising BEIS on development of new call-in regime for investment in national infrastructure.
    • Tempus Energy: Acting for energy provider in judicial review proceedings regarding state aid for capacity markets.
    • Speed Medical: Representing the UK Secretary of State for Justice in judicial review proceedings brought by a medical reporting organization challenging the Whiplash reform Programme on Art 102 competition law, state aid and Art 106 TFEU grounds.
    • AXA v CMA: Represented the Association of Anesthetists in Great Britain and Ireland in their intervention in the appeals by AXA and BUPA against the CMA’s Final Report in its market investigation into private healthcare. Successfully supported the CMA in upholding its Final Report.
  • EU / EEA Law / WTO

    She offers well-drafted written work, clear and thorough presentation skills and a responsive and user-friendly approach.” – Chambers UK, 2019

    She has a depth and breadth of knowledge on EU and EEA law that gives her a genuine ability to challenge the thinking processes of more senior colleagues.” – Legal 500, 2018

    She drafts well, works very hard and is diligent. She has a broad understanding of European Union law that goes beyond competition law and is both approachable and available.” – Chambers UK, 2018

    Anneli is a seasoned EU litigator, having previously been a litigation solicitor at Freshfields Bruckhaus Deringer with experience working in London, Paris and Milan. From 2000 -2003, she gained inside knowledge of the workings of the European Court of Justice as Référendaire to the British Judge. She is experienced across the full spectrum of EU law, acting in cases concerning citizenship, consumer protection, employment, free movement and internal market regulation, equal treatment, environment, intellectual property and e- commerce, WTO and TRIPS, free movement of persons/goods/services, private international law/Brussels and Rome Regulations, public procurement and state liability (Francovich damages). Her insight into the practice and procedure of the General Court and ECJ is first rate from her time in Luxembourg as well as her contribution to Lasok, Millet and Howard Judicial Control in the EU.

    She often acts for the UK Government and private parties in preliminary references to the ECJ as well as in domestic judicial review proceedings regarding the compatibility of Government measures with EU law.

    More recently, Anneli has been consumed by Brexit, appearing in the leading Article 50 and Article 127 challenges. She advises law firms, businesses and individuals on the impact of Brexit on their EU/EEA rights. She is also providing input in various industry sectors to Government consultations and working groups and is a member of the Attorney General’s Panel for Public International Law, advising on WTO, Trade Agreements and Vienna Convention issues

    Recent EU Cases

    Brexit

    • 3million: Instructed to advise on claims for EU citizens that were denied their vote in the European Parliamentary elections.
    • Case C-621/18 Wightman and Others: acting with Gerry Facenna QC for Chris Leslie MP and Tom Brake MP in expedited preliminary reference from the Scottish Court of Session regarding whether the Article 50 notice can be revoked unilaterally and what the implications of withdrawal would be for the UK’s relationship with the EU.
    • Gina Miller v SSEU [2016] EWHC 2768 and 2017 UKSC (Supreme Court): Acting for lead Claimant, Gina Miller, in judicial review regarding the need for an Act of Parliament as part of the constitutional requirements for giving Article 50 notification to leave the EU.
    • Yalland v SSEU [2017] EWHC: Acting for the Claimants in judicial review regarding the legality of the Government’s decision to take the UK out of the European single market and the constitutional requirements for terminating the EEA Agreement.
    • Advising CAA on implications of Brexit for air safety and other aviation matters.
    • Advising BEIS on implications of Brexit for consumer protection and enforcement.
    • Advising DHSC and BEIS on implications of Brexit for state aid and competition law enforcement.
    • Advising DCMS on implications of Brexit for broadcasting and audio visual services.
    • Advising BEIS and DoT on regulation of reforms to drones and competence/compatibility with the EU framework in light of recent parallel EU proposals and implications post Brexit.
    • Advising BEIS on critical national infrastructure reforms and Government interventions in merger transactions with implications for free movement and ECHR requirements and post-Brexit analysis.

    CJEU / General Court / EFTA cases

    • Case E-1/19 Andreas Gyrre: EFTA Court referral regarding secondary ticketing for Olympic Games 2012 tickets and unfairness of commercial practices in Annex 1 UCPD and whether the UK ban on resale of is compatible with free movement of services.
    • Cameron v L&V – Supreme Court: Case on ability to issue and serve proceedings against unnamed driver that left the scene of the accident and/or right to issue proceedings against the registered owner and insurer; compatibility of the RTA and Civil Procedural Rules with the 6th Motor Insurance Directive; requirements of effectiveness and judicial protection.
    • Case C-621/17 Kiss: Representing the Government in preliminary reference concerning consumer protection and transparency in financial services.
    • Case C-125/18 Gomez: Preliminary reference regarding requirements of transparency and fairness regarding mortgage interest reference rates. Anneli appeared before the Grand Chamber of the CJEU.
    • Case C-260/18 Dziubak: Preliminary reference before CJEU regarding the effective remedies for unfair contract terms and the extent to which the judge can replace the unfair term rather than invalidate the contract.
    • Case C-829/18 Credit Logement: Preliminary reference before CJEU regarding effective relief for unfair contract terms and transparency requirements for settlements and waivers.
    • Case C-260/18 Globalcaja: Preliminary reference concerns the extent to which consumers can waive their consumer protection rights and transparency requirements.
    • Case T-245/17 ViaSat v Commission (ongoing): Acting as sole Counsel for Inmarsat in challenge brought by US satellite telecoms provider regarding the Commission’s alleged decision and/or alleged failure to act by preventing national authorisations of Inmarsat’s mobile satellite services.
    • Cases T-734/17 and Case T-649/17 ViaSat v Commission (ongoing): Acting as sole Counsel for intervener in two challenges brought by ViaSat regarding public access to documents.
    • Case C-123/16 and T-486/11 Orange Polska: Representing TP in appeals against EU Commission decision challenging infringement and level of fine under Art 102 TFEU for refusing access to its wholesale broadband network.
    • Tobacco – plain packaging: BAT and Phillip Morris Preliminary reference from the Administrative Court regarding the legality of the Second Tobacco Directive with Art 114 TFEU and the principle of proportionality and subsidiarity. Anneli acted for an intervening company and presented arguments on proportionality at the CJEU hearing.
    • Acting for China Shipping Container Lines in the EU Commission Article 101 investigation into alleged parallel pricing in container shipping.
  • Public Law / Regulatory and Commercial Judicial Review

    Anneli is a member of the Attorney General’s A Panel of Counsel and regularly acts for and against the Government in judicial review proceedings before the Administration Court, Divisional Court and Competition Appeal Tribunal. She also advises Government Departments and regulators on implementing new policy proposals to ensure compatibility with EU Treaty provisions on non-discrimination, fundamental freedoms, competition law, state aid public procurement and ECHR, EU Charter as well as the Public Sector Equality duty, public law principles, good administration and due process issues.

    Anneli regularly advises different Government departments on competition state aid, public procurement and ECHR issues when designing new public interest interactions in markets and public policy reform. She has represented the UK Government before the EU Commission in notifications and state aid inquiries as well as the application of Article 106(2) derogation for SGEIs. She also defends the policy reforms in subsequent judicial review challenges brought by affected operators.

    Recent Cases

    • Stagecoach, West Coast Trains and Arriva v Department of Transport: Representing the Government in three sets of parallel judicial review proceedings before the Admin Court and three sets of Part 7 proceedings before the TCC regarding the award of rail franchises. Key cases involving the interplay between the rail regulatory regime in Regulation 1370/2007 and public procurement law.
    • St Albans v Govia: Representing Harpenden Thameslink Commuter Group as an intervener in judicial review proceedings against the Thameslink rail operator regarding the 2018 timetable changes; raises questions regarding extent to which judicial review can be used to challenge privatized entity when exercising public service functions under its rail franchise.
    • Utilita II v BEIS: Judicial review challenges to the roll out of the smart metering programme under A1PI ECHR equality under PSED, environmental impact and due consultation and consultation requirements. Hearing listed for July 2019.
    • Tempus Energy: Acting for energy provider in judicial review proceedings regarding state aid for capacity markets.
    • Drone Regulation: Advising BEIS and DoT on regulation of reforms to drones and competence/compatibility with the EU framework.
    • NHS Supply Chain: Advising DHSC on state aid and Art 106 in relation to the procurement transformation programme.
    • Heathrow Third Runway: Advising the CAA on matters relating to the expansion of runway capacity at Heathrow Airport.
    • National Infrastructure: Advising BEIS on critical national infrastructure reforms with implications for ECHR and internal market requirements.
    • Stark and Utilita I judicial review (2018): Successfully defended the roll-out of the SMETS1 smart metering programme in two sets of judicial review; permission refused.
    • Teva v MHRA [2018] EWHC: Successfully defended the MHRA’s decision refusal to validate a generic application based on reference medicinal product, whose data exclusivity period had not expired. This judicial review concerned the status and binding effect of a Commission marketing authorization under the centralized procedure as well as the MHRA’s obligations to have regard to that decision and/or ability to substitute its own scientific evaluation for that of the CHMP or a previous national competent authority.
    • Mylan v MHRA [2018] EWHC: Acting for the MHRA in judicial review proceedings concerning effective remedies for generic medicine manufacturers who are refused a national marketing authorization due to a prior issue.
    • Environmental Aid: Advising the Environment Agency on state aid/SGEI on Thames flooding defences and compatibility with the EEAG Guidelines.
    • Justice4 Health Junior Doctors: representing the Department of Health in judicial review proceedings regarding the compatibility of the junior doctors contract with competition law and Article 106.
    • Speed Medical Examinations Limited v Secretary of State for Justice: Defending the MOJ/Secretary of State in judicial review proceedings challenging its establishment of the MedCo Portal for whiplash claims – challenging allegations of abuse of dominance and state aid, including defence of SGEI under ART 106 TFEU.
    • National Security Defence: Advising the Government on defence procurement under the state aid rules.
    • SA.37342 Regional Stadia Development in Northern Ireland: Representing the Northern Ireland Government in an EU investigation concerning state aid and public procurement issues regarding sports facilities – successfully obtained approval of £110 million aid for three sports stadiums in Belfast, Northern Ireland in 2014.
    • Gina Miller v SSEU [2016] EWHC 2768 and 2017 UKSC (Supreme Court): Acting for lead Claimant, Gina Miller, in judicial review regarding the need for an Act of Parliament as part of the constitutional requirements for giving Article 50 notification to leave the EU.
    • Yalland v SSEU [2017] EWHC Divisional Court: Acting for the Claimants in judicial review regarding the legality of the Government’s decision to take the UK out of the European single market and the constitutional requirements for terminating the EEA Agreement.
    • HAL v ORR [2017]: Representing the CAA in judicial review of ORR’s decision not to allow Heathrow Airport to recoup historical investment costs in building the Heathrow Express rail link infrastructure and allowing recovery of charges for shared use with Crossrail passengers.
    • Justice for Health v SSH [2016] EWHC – junior doctors: Successfully represented Department of Health in judicial review proceedings regarding the compatibility of the new junior doctors contract with competition law and Article 106.
    • Speed Medical Examinations Limited v Secretary of State for Justice: Defending the MOJ/Secretary of State in judicial review proceedings challenging its establishment of the MedCo Portal for whiplash claims – challenging allegations of abuse of dominance and state aid, including defence of SGEI under ART 106 TFEU.
    • BAT and Phillip Morris: Preliminary reference from the Administrative Court regarding the legality of the Second Tobacco Directive with Art 114 TFEU and the principle of proportionality and subsidiarity. Anneli acted for a German tobacco company intervening in the domestic proceedings and before the ECJ.
  • WTO / Public International Law

    Anneli often acts for the UK Government and private parties in preliminary references to the ECJ as well as in domestic judicial review proceedings regarding the compatibility of Government measures with EU law. She advises various Government Departments, law firms, businesses and individuals on the impact of hard Brexit on their EU/EEA rights and the future position under the WTO Agreements in different sectors. She is also providing input in various industry sectors to Government consultations and working groups and is a member of the Attorney General’s Panel for Public International Law, advising on WTO, Trade Agreements and Vienna Convention issues.

    Recent Cases

    • Yalland v SSEU [2017] EWHC: Acting for the Claimants in judicial review regarding the legality of the Government’s decision to take the UK out of the European single market and the constitutional requirements for terminating the EEA Agreement.
    • Gina Miller v SSEU [2016] EWHC 2768 and 2017 UKSC (Supreme Court): Acting for lead Claimant, Gina Miller, in judicial review regarding the need for an Act of Parliament as part of the constitutional requirements for giving Article 50 notification to leave the EU.
    • Case C-621/18 Wightman and Others: acting with Gerry Facenna QC for Chris Leslie MP and Tom Brake MP in expedited preliminary reference from the Scottish Court of Session regarding whether the Article 50 notice can be revoked unilaterally and what the implications of withdrawal would be for the UK’s relationship with the EU.
    • Advising CAA on implications of Brexit for air safety and other aviation matters.
    • Advising BEIS on implications of Brexit for consumer protection and enforcement.
    • Advising DHSC and BEIS on implications of Brexit for state aid and competition law enforcement.
    • Advising DCMS on implications of Brexit for broadcasting and audio visual services.
  • Consumer Law

    Excellent strategic mindset and strong written advocacy; tenacious when defending.” – Legal 500, 2015

    Very strong analytical skills and a real expert on the law.” – Legal 500, 2014

    Anneli has been a recommended leading junior in the Legal 500 Consumer Law / Product Liability since 2011. Anneli advises companies and Government authorities on the application of the Consumer Rights Act with the Unfair Contract Terms Directive, Unfair Commercial Practices Directive and other EU Consumer Protection Directives, including pricing issues, commercial practices, transparency, fairness, advertising and sales techniques.

    She also acts for the CMA/FCA/Bank of England and HM Treasury in transparency and fairness assessments and consumer credit matters. Her consumer credit experience includes fitness assessments, licence revocations and suspensions, responsible lending, debt collection and management issues, particularly on mortgage credit and other.

    Key cases include:

    • Online Gambling: Advising the CMA on its investigation into online gambling.
    • Case C-621/17 Kiss: Representing the Government in preliminary reference concerning consumer protection and transparency in financial services.
    • Case E-1/19 Andreas Gyrre: EFTA Court opinion regarding secondary ticketing and presumption of unfairness in Annex 1 UCTD and whether the UK ban on resale of Olympic Games tickets is compatible with free movement of services.
    • Case C-125/18 Gomez: Preliminary reference regarding requirements of transparency and fairness regarding mortgage interest reference rates. Anneli appeared before the Grand Chamber of the CJEU.
    • Case C-260/18 Dziubak: Preliminary reference before CJEU regarding the effective remedies for unfair contract terms and the extent to which the judge can replace the unfair term rather than invalidate the contract.
    • Case C-260/18 Globalcaja: Preliminary reference concerns the extent to which consumers can waive their consumer protection rights and transparency requirements.
    • Case C-829/18 Credit Logement: Preliminary reference before CJEU regarding effective relief for unfair contract terms and transparency requirements for settlements and waivers.
    • Advising BEIS on implications of Brexit for consumer protection and enforcement.
    • OFT v Dreams Limited (and others) (2013): Acting for Dreams Limited in an investigation by OFT into misleading reference pricing practices in the furniture sector and compliance with the BIS Pricing Practices Guide. This concerns “was” pricing (e.g. was £399 now £2,999) and “after the event” pricing (e.g. now £,2999 will be £399 after the sale ends). Anneli, led by Paul Harris QC, prepared detailed defence submissions to the OFT’s objections and assisted in negotiating the terms of undertakings to resolve the OFT’s concerns.
    • OFT v James (2013): Anneli advised the OFT on the use of its new powers of immediate suspension to revoke the consumer credit licence of an unfit trader based on criminal convictions.
    • OFT v X (unnamed pay day lender) (2013): Acting for OFT in revoking consumer credit licence of an online pay day lender for breach of responsible lending, debt collection and debt management Guidelines.
    • OFT v European Environmental Controls Limited (2012): Anneli successfully defended the OFT’s revocation of a consumer credit licence issued to a door-stop supplier to sell burglar alarms on the basis that the company was not fit because it used unfair and oppressive sales techniques to elderly and vulnerable consumers in their own homes. The Tribunal’s judgment was subsequently upheld on further appeal. A further judicial review challenge was dismissed by the Administrative Court.
    • OFT v Y (unnamed lender) (2010): Assisting the OFT on regulatory intervention regarding pay day lending and debt collection services.
  • Telecommunications

    Held in high esteem by sources who say “her reputation precedes her as an outstanding barrister in the field”. She has nearly two decades of experience in regulatory and competition disputes before EU and UK courts and authorities” – Telecoms, Who’s Who Legal UK Bar 2019

    Incredibly hard-working and knows the telecoms sector in great depth.” “She is able to craft really good and concise legal arguments.” “Very much a team player and someone who comes up with ideas and recommendations.” – Chambers UK, 2019

    She is thorough, creative, innovate and exceptionally hardworking.” – Legal 500, 2018

    An extremely charming and user-friendly barrister who is very capable and popular with both clients and other barristers.” – Chambers UK, 2018

    Telecommunication law: “She is very hard-working, ferociously bright and she really does do a great job at getting the client’s case in the best possible order.” “She understands the commercial realities of our business, the rationale of our objective and the wider environments in which we work.” – Chambers UK, 2017

    Anneli acts for telecoms, satellite, broadband and mobile companies in regulatory investigations and disputes and appeared in appeals before Competition Appeal Tribunal, High Court, Court of Appeal and the EU Courts in Luxembourg. She has in-depth analysis of domestic licensing regimes, charge controls, universal service obligation, the EU Telecoms Framework Directives and an understanding of mobile, fixed and broadband markets. She is also able to advise on the interplay with state aid and public procurement regimes as well as wider market investigation references and undertakings.

    Recent Cases

    • Philips v HTC a.o.: Expedited Standard Essential Patent and FRAND dispute conformance with patented technology in mobile phones. Raises issues regarding compatible interpretation of ETSI policy with Article 101 TFEU – trial listed June 2019.
    • ViaSat v Ofcom (satellite broadband CAT): Representing Inmarsat in CAT appeal brought by US competitor Viasat challenging Ofcom’s decision to authorize the ground station elements of Inmarsat’s European Aviation Network to provide in-flight mobile satellite communication services to air passengers and crew.
    • Case T-245/17 ViaSat v Commission (ongoing): Acting as sole Counsel for Inmarsat in challenge brought by US satellite telecoms provider regarding the Commission’s alleged decision and/or alleged failure to act by preventing national authorisations of Inmarsat’s mobile satellite services.
    • Cases T-734/17 and Case T-649/17 ViaSat v Commission (ongoing): Acting as sole Counsel for intervener in two challenges brought by ViaSat regarding public access to documents.
    • Wholesale access: Acting for Openreach in its response to Ofcom’s Wholesale Leased Access Market Review and various consultations regarding charge controls, non-discrimination obligations and geographic pricing.
    • Separation of Openreach: Defending Openreach against Ofcom’s proposals to proceed with the separation of Openreach as a legally distinct entity from the BT Group in its Strategic Review of Digital Communications.
    • Universal Service: Advising Openreach on its universal service obligations regarding superfast broadband.
    • Superfast Broadband BDUK: Advising Openreach on its nationwide rollout of superfast broadband in rural and “white areas” under the BDUK tenders – competition, state aid and procurement.
    • Case C-123/16 and T-486/11 Orange Telecom: Representing Orange in appeal before the General Court challenging EU Commission decision finding abuse of dominant position and imposing a fine of €127m on its Polish subsidiary for refusing access to its wholesale broadband network – interplay between regulatory obligations and competition law.
  • Pharmaceutical / Healthcare
    • NHS Supply Chain: Advising DHSC on state aid and Art 106 in relation to the procurement transformation programme.
    • Teva v Secretary of State [2018] EWHC: Successfully defended the MHRA’s decision refusal to validate a generic application based on reference medicinal product, whose data exclusivity period had not expired. This judicial review concerned the status and binding effect of a Commission marketing authorization under the centralized procedure as well as the MHRA’s obligations to have regard to that decision and/or ability to substitute its own scientific evaluation for that of the CHMP or a previous national competent authority. Permission to Court of Appeal refused.
    • Mylan v Secretary of State [2018]: Successfully defended the MHRA in judicial review proceedings concerning the scientific basis for determining the GMA as part of a centralized authorization and requirements of effective relief.
    • Tobacco – plain packaging: BAT and Phillip Morris Preliminary reference from the Administrative Court regarding the legality of the Second Tobacco Directive with Art 114 TFEU and public health considerations, the principle of proportionality and subsidiarity. Anneli acted for an intervening company and presented arguments on proportionality at the CJEU hearing.
    • AXA v CMA: Represented the Association of Anesthetists in Great Britain and Ireland in their intervention in the appeals by AXA and BUPA against the CMA’s Final Report in its market investigation into private healthcare. Successfully supported the CMA in upholding its Final Report.
    • Justice4 Health Junior Doctors: representing the Department of Health in judicial review proceedings regarding the compatibility of the junior doctors contract with competition law and Article 106.
  • Aviation

    She’s certainly an expert in her area; she’s clearly very experienced and she brings that to her work. She’s very responsive, understands us as a client and takes a practical approach.” – Chambers UK, 2019

    She is incredibly motivated and has a can-do attitude.” – Legal 500, 2018

    She is hardworking and thinks outside the box.” – Legal 500, 2017

    She’s particularly outstanding. She’s a very measured and calm barrister who’s very pragmatic and practical in her advice.” – Chambers UK, 2017

    She is hardworking, very bright and has a solicitor’s understanding of client needs.’ Anneli is ranked as a leading Junior in Aviation LawLegal 500 2014

    Appointed as Standing Counsel for the Civil Aviation Authority since 2012, advising on sectoral competition law investigations, market power and operator determinations and airport licensing decisions under the Civil Aviation Act 2012 and Transport Act 2000. She also advises the CAA on licensing disputes involving NATS and NERL regarding the Air Traffic Control. Anneli also advises the CAA on its regulatory duties under the EU Aviation Directives. She also advises airlines in disputes under the Airport Charges Regulations and Ground Handling Regulations as well as on consumer compensation for delayed boarding.

    Recent Cases

    • Heathrow Third Runway: Advising the CAA on matters relating to the expansion of runway capacity at Heathrow Airport.
    • Heathrow Licence Obligations: Advising CAA on efficiency licence obligation for Heathrow Airport.
    • Heathrow Hub: Acting for CAA in competition law complaint against HAL.
    • Project Palamon: Advising CAA in regulatory dispute regarding NATS compliance with licence obligations and air traffic capacity for London airports.
    • Drones Regulation: Advising BEIS and DoT on regulation of drones in the UK airspace and the extent of that competence and powers under the EU framework post Brexit.
    • East Midlands Airport / Prestige: Advising CAA in its first Chapter I investigation into price fixing and information sharing in relation to car parking services at East Midlands Airport.
    • NATS License Regulation: Advising the CAA on regulation of air traffic services and licence ring-fencing obligations for NATS.
    • Project Oberon: Advising CAA on its first complaint under the Transport Act 2000 regarding NATS/NERL compliance with its licence obligations.
    • Assisting the CAA with its market power determinations under the new CAA 2012 in respect of Stansted, Gatwick and Heathrow airports.
    • NATS v Gatwick Airport: Intervention under the Competition law practice Direction in High Court public procurement proceedings regarding disclosure of confidential tendering information between competitors Advising the CAA on its powers to accept commitments in lieu of imposing a licence.
    • CAA Economic Licence: Advising the CAA on licensing and other regulatory arrangements for the Q6 period in respect of Stansted, Gatwick and Heathrow airports.
    • Gatwick Airport Limited v Ryanair: Acting for Ryanair in High Court disputes over ground handling charges, relying on breach of EU aviation regulations and abuse of dominant position.
  • Rail Transport
    • Stagecoach, West Coast Trains and Arriva v Department of Transport: Representing the Government in three sets of parallel judicial review proceedings before the Admin Court and three sets of Part 7 proceedings before the TCC regarding the award of rail franchises. Key cases involving the interplay between the rail regulatory regime in Regulation 1370/2007 and public procurement law.
    • St Albans v Govia: Representing Harpenden Thameslink Commuter Group as an intervener in judicial review proceedings against the Thameslink rail operator regarding the 2018 timetable changes; raises questions regarding extent to which judicial review can be used to challenge privatized entity when exercising public service functions under its rail franchise.
    • Heathrow Airport Limited v ORR (2017): Acting for the CAA in its intervention in judicial review regarding historical infrastructure costs for Heathrow Express rail link and ability to recover costs in access charges from Crossrail passengers in relation to Heathrow Spur.
    • Advising the ORR as Counsel to the Panel in numerous Network Code appeals between Train Operating Companies and Network Rail.
    • EWS: Advising ORR in CA98 investigation into abuse and dominant position in the rail freight sector and intervention in subsequent Part 8 E.ON proceedings regarding the implications of the decision for third party exclusive contracts.
  • Energy and Water

    Anneli also advises OFGEM, OFWAT and utility companies on regulatory matters, competition law and state aid issues and defends the design and proportionality of policy proposals in the energy sector.

    • Advising OFGEM on its first CA98 investigation in the energy sector.
    • Smart Metering: Acting for BEIS in three judicial review challenges regarding the roll-out of smart metering arrangements and its compatibility with AIPS, environmental and PSFD equality duties.
    • District Heating: Advising district council on state aid, procurement and consumer law issues regarding green energy district heating programme.
  • Financial Services / Insurance

    Anneli has acted for a number of financial institutions on competition and regulatory/supervision matters as well as in consumer credit, responsible lending requirements and consumer protection. She has acted for Visa for over 15 years and has intimate knowledge of interchange regulation having spent a period in-house. She is able to get up to speed quickly with complex regulatory frameworks, listing rules and multi-layered regulations at EU and domestic level. She assists the Bank of England and FCA in regulatory investigations and prudential supervision.

    • Case C-125/18 Gomez: Preliminary reference regarding requirements of transparency and fairness regarding mortgage interest reference rates. Anneli appeared before the Grand Chamber of the CJEU.
    • Case C-260/18 Dziubak: Preliminary reference before CJEU regarding the effective remedies for unfair contract terms and the extent to which the judge can replace the unfair term rather than invalidate the contract.
    • Case C-829/18 Credit Logement: Preliminary reference before CJEU regarding effective relief for unfair contract terms and transparency requirements for settlements and waivers.
    • Case C-260/18 Globalcaja: Preliminary reference concerns the extent to which consumers can waive their consumer protection rights and transparency requirements.
    • Cameron v L&V – Supreme Court: Case on ability to issue and serve proceedings against unnamed driver that left the scene of the accident and/or right to issue proceedings against the registered owner; direct right to sue the insurer for compensation rather than MIB; compatibility of the RTA and Civil Procedural Rules with the 6th Motor Insurance Directive; requirements of effectiveness and judicial protection.
    • Sharp (Lloyds v HBOS): Acting for BoE / FCA / HM Treasury to defend application for disclosure of confidential and policy sensitive evidence for use in subsequent Lloyds litigation.
    • Acting for BoE/PSA on investigation into prudential supervision of a financial institution and extent of regulatory co-operation.
    • Case C-621/17 Kiss: Representing the Government in preliminary reference concerning consumer protection and transparency in financial services.
    • Interchange Argos a.o. Tesco Sainsbury’s v Visa Europe a.o.: Defending Visa in retailers’ competition law damages claims for interchange fees.
    • Advising Visa on the implications of the Interchange Fee Regulation before the P.S.R.
    • Representing Visa in submissions to the Payment Systems Regulator.
    • Aviva Insurance Limited a.o. v Primary General Insurance a.o (ongoing): Acting for defendants in High Court competition law proceedings relating to horizontal co-insurance pool arrangements.
    • PLUS Markets v London Stock Exchange (2009): Defending the London Stock Exchange in Commercial Court claims challenging the AIM trading rules under Art 101/102 and the EU free movement provisions. This expedited trial involved getting to grips with FISMA, the LSE Rulebook and AIM Trading Rules in very short order.
    • Advising banks, payment providers and insurance companies on compatibility of exclusive agreements or other cobranding arrangements with competition law and more widely in connection with PSR regulation.
  • What the Directories Say

    Applauded by market commentators, who “rate her very highly indeed” as a competition specialist. Her practice encompasses a wide range of competition matters, including abuse of dominance, state aid and cartel matters” – Competition, Who’s Who Legal UK Bar 2019

    Held in high esteem by sources who say “her reputation precedes her as an outstanding barrister in the field”. She has nearly two decades of experience in regulatory and competition disputes before EU and UK courts and authorities” – Telecoms, Who’s Who Legal UK Bar 2019

    Aviation: “She’s certainly an expert in her area; she’s clearly very experienced and she brings that to her work. She’s very responsive, understands us as a client and takes a practical approach.” Chambers UK, 2019

    Competition Law: “Measured, user-friendly and someone who gets the commercial side of things.”- Chambers UK and Chambers Global, 2019

    European law: “She offers well-drafted written work, clear and thorough presentation skills and a responsive and user-friendly approach.” – Chambers UK, 2019

    Telecommunication law: “Incredibly hard-working and knows the telecoms sector in great depth.” “She is able to craft really good and concise legal arguments.” “Very much a team player and someone who comes up with ideas and recommendations.” – Chambers UK, 2019

    Leading junior in Aviation: ‘‘She is incredibly motivated and has a can-do attitude.’’Legal 500, 2018

    Leading junior in Competition: ‘‘Incredibly motivated and has a can-do attitude.’’Legal 500, 2018

    Leading junior in EU Law: ‘‘She has a depth and breadth of knowledge on EU and EEA law that gives her a genuine ability to challenge the thinking processes of more senior colleagues.’’Legal 500, 2018

    Leading junior in Telecoms (regulatory): ‘‘She is thorough, creative, innovative and exceptionally hardworking.’’Legal 500, 2018

    Aviation: “Her legal knowledge of competition and public law is very broad indeed.” Chambers UK, 2018

    Competition Law: “She drafts well, works very hard and is diligent. She has a broad understanding of European Union law that goes beyond competition law and is both approachable and available.”- Chambers UK, 2018

    European law: “Anneli is a fantastic technical lawyer. She is responsive and a real joy to work with.” – Chambers UK, 2018

    Telecommunication law: “An extremely charming and user-friendly barrister who is very capable and popular with both clients and other barristers.” – Chambers UK, 2018

    Leading junior in Aviation: ‘‘She is hardworking and thinks outside the box.’’Legal 500, 2017

    Leading junior in Competition: ‘‘Sensible, calm, unflashy and a complete pleasure to deal with.’’Legal 500, 2017

    Leading junior in EU Law: ‘‘An undoubted star.’’Legal 500, 2017

    Leading junior in Telecoms (regulatory): ‘‘An intelligent and thorough team player.’’Legal 500, 2017

    Competition Law: “She is very clear, very personable and highly approachable.” – Chambers UK, 2017

    Telecommunication law: “She is very hard-working, ferociously bright and she really does do a great job at getting the client’s case in the best possible order.” “She understands the commercial realities of our business, the rationale of our objective and the wider environments in which we work.” – Chambers UK, 2017

    Aviation law: “Very user-friendly – she knows how to handle clients.” “She’s particularly outstanding. She’s a very measured and calm barrister who’s very pragmatic and practical in her advice.” Chambers UK, 2017

    Leading Junior in Telecoms (regulatory): ‘‘She makes clear that she is one of the team and is always prepared to roll up her sleeves.’’ Legal 500, 2016

    Leading Junior in EU and Competition: ‘‘Hardworking, thoughtful, conscientious and clever; she really adds value.’’ – Legal 500, 2016

    Leading Junior in Aviation: ‘‘A detail-orientated junior.’’ – Legal 500, 2016

    Competition: Admired as “smart, technical and precise” and “an absolute pleasure to instruct” by respondents. – WHO’S WHO LEGAL (WWL) UK BAR 2016

    Telecommunications: Held in high regard for her “phenomenal level of skill” and “versatile thinking”. – WHO’S WHO LEGAL (WWL) UK BAR 2016

    Aviation Law: “She is very competent and very experienced. She thinks outside the box, is collaborative, willing to listen, and both measured and calm.”Chambers UK, 2016

    Competition Law: “She’s intelligent and analytical and makes short work of complex matters.” – Chambers UK & Chambers Global, 2016

    Telecommunications: “Experienced, with very practical knowledge.” “Very knowledgeable of EU law and the telecoms regulatory system, and also very down-to-earth.”Chambers UK, 2016

    ”Analytically very strong, as well as being pragmatic and user-friendly.” Leading Junior in Aviation Law. Legal 500, 2015

    ”Excellent strategic mindset and strong written advocacy; tenacious when defending.” Leading junior in Consumer Law. Legal 500, 2015

    ”Always prepared to roll up her sleeves.” Leading Junior in EU and Competition Law. Legal 500, 2015

    ”She stands out for the user-friendly nature of her advice.” Leading Junior in Telecoms law. Legal 500, 2015

    Competition: “Anneli Howard is “as imaginative as she is technically gifted” according to our sources. Significant clients include Visa, BT and London Stock Exchange.” – Who’s Who Legal 2015

    Telecoms: “Anneli Howard is a “wonderful lawyer” who is “prized by those who work with her”. Her telecoms and competition practice is “extremely good” and she is “measured, practical and intelligent” according to her peers.” – Who’s Who Legal 2015

    Competition Law: “She’s very responsive and shows great attention to detail.” “She’s fantastic, knows the law inside and out and is intellectually very gifted.” – Chambers UK, 2015

    Telecommunications: “A real competition law expert who is brilliant with clients.” – Chambers UK, 2015

    Aviation Law: ‘She is hardworking, very bright and has a solicitor’s understanding of client needs.’ – Legal 500, 2014

    Competition / EU Law: ‘Smart and effective.’ – Legal 500, 2014

    Consumer Law: ‘Very strong analytical skills and a real expert on the law.’ – Legal 500, 2014

    IT / Telecoms Law: ‘Very competent, practical and friendly.’ – Legal 500, 2014

    Competition Law: Former competition solicitor recognised for her commercial acumen. Primarily instructed by clients in the private sector. Considerable experience of the aviation industry, representing clients including the Civil Aviation Authority before both the Competition Commission and the CAT. Chambers UK, 2014

    Telecommunications Law: Her extensive background in EU law has made her a favourite advocate for complex cases that demand rigorous statutory and directive interpretation. Recent dealings for Howard include licensing matters, market access restrictions and charging dispute cases. “She knows a vast amount.” Chambers UK, 2014

    “Anneli Howard, who ‘goes the extra mile‘.” Is a recommended leading Junior in EU & Competition Law. Legal 500, 2013

    Anneli Howard is recommended as a leading Junior in Telecommunications Law. Legal 500, 2013

    “Anneli Howard is an expert on the interplay of European law and domestic telecoms regulation, and was a Référendaire at the ECJ before entering full-time practice at the Bar. She has “very good technical knowledge of electronic communications,” according to sources.” Chambers UK, 2013

    The “amazingly clear” Anneli Howard impresses sources with her committed attitude. Those who have worked with her can testify to the “total dedication and real application to the case” that she brings to her practice. She is highlighted for her strength and expertise in both domestic and EU competition law matters, and has worked for a wide range of clients in the last year.” Chambers UK, 2013

    Anneli Howard is a recommended leading junior in EU and Competition Law. Legal 500, 2012

    “Accomplished courtroom performer Anneli Howard’s past expertise both as an associate at Freshfields Bruckhaus Deringer and as a Référendaire at the ECJ means she is an able hand when it comes to competition and EU law matters. She has been acting in the OFT investigation into price fixing between tobacco manufacturers and a large number of high street supermarkets.” – Chambers UK, 2012

    Under Telecommunications “the “outstanding” Anneli Howard is “a client’s dream counsel – a real class act.” She advised BT as sole counsel in the preparation of its appeal against Ofcom’s market review statement for the fixed wholesale narrowband services market.” – Chambers UK, 2012

    Legal 500, 2011 recommends Anneli Howard in Consumer & Product Liability.

    EU & Competition Law states that Anneli Howard has ‘strong intellect’. Legal 500, 2011

    Recommended in Competition/European Law in Chambers UK, 2011 “Anneli Howard is a qualified solicitor, as well as “a fine choice for when methodical and alert competition assistance is required,” according to interviewees. She acted for the plaintiff in Burgess v Nominet, a case concerning the .uk Internet domain name registry.”

    “Good when it comes to analysis, Anneli Howard is a highly proficient performer who attracts some significant clients. By way of example, she acted for BT, the appellant, on BT v Ofcom at the CAT.” Telecommunications Law – Chambers UK, 2011

  • Publications

    Anneli regularly speaks at conferences and lectures organised by GCR, Knect 365, MLex, Sweet & Maxwell, Thomson, Justis, King’s College London, European Rechts Academy (ERA Trier) ERA, UAE, UKAEL, Contrast, MBL and CLT on all areas of EU law. She is on the Standing Committee for the UKAEL, Competition Law Forum and the Junior Competition Network (JCN). She writes and speaks regularly on Brexit and has been involved with the Brexit Law Committee and Bar Council Working Group as well as UK Legal Future. She regularly helps solicitors with in-house and client training and compliance seminars. She regularly writes for Practical Law, Lexis-Nexis and a number of competition law journals. She has been a supervisor in EU law at Trinity Hall, Cambridge University and a tutor for the Competition Law LLM at Cambridge University.

    • Author of Chapter 16 “Litigating infringements in national courts” in Bellamy & Child “European Union Law of Competition” (OUP 8th Edn 2018)
    • ”Brexit: exit stage left for competition damages?” Competition Law Journal: Brexit Special Online Edition
    • ”Court clutch control and private competition actions”  Lexis®PSL 2016
    • Disclosure of Infringement Decisions in Competition Damages Proceedings: How the UK Courts Are Leading the Way Ahead of the Damages Directive Journal of European Competition Law & Practice 2015
    • The Draft Directive on Competition Law Damages – What does it mean for Infringers and Victims? European Competition Law Review 2014
    • “Too little, too late? The European Commission’s Legislative Proposals on Anti-Trust Damages Actions” Journal of European Competition Law & Practice 2013
    • Consultant Editor of O’Neill and Sanders “UK Competition Procedure – the Modernised Regime” (OUP 2007).
    • Contributor to Ward and Smith “Competition Litigation in the UK” (Sweet & Maxwell 2005),co-author of Lasok, Millet and Howard on Judicial Control in the EU (Hart 2007), contributor to Vaughan “Law of the European Communities” (2004).
  • Additional Information
    • Member of the Attorney General’s A Panel.
    • Member of the Attorney General’s Public International Law B Panel.
    • Winner of Legal 500 EU/Competition Junior of the Year 2018.
    • Shortlisted for Chambers EU/Competition Junior of the Year 2014 and 2018.
    • The Lawyer’s Hot 100 2016.
    • Two Half Blues and Captain of Oxford University Gymnastics Team 1992-1993.
    • Open Academic Scholar at St Edmund Hall, Oxford 1992 –1994.
    • British Academy Scholar 1994-1995.
    • Kings College London Economics for Competition Law 2010.
    • OXERA Utility Regulation Economics Course 2014.
    • Fluent in French and Italian, some Spanish and German.

    Professional Memberships

    • Standing Committee Bar European Group
    • Standing Committee UK Association for European Law (UKAEL and FIDE)
    • Standing Committee of the Competition Law Forum
    • Founding member and Standing Committee of the Junior Competition Network
    • Member of the Bar Council Brexit Working Group and Brexit Law CommitteeStanding Committee for UK Legal Future
    • European Circuit
    • UK Human Rights Law Association
    • COMBAR
    • ALBA
    • Union des avocet Europeens
    • UK State Aid Law Association

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