Anneli Howard

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

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

“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

“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

”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 

 “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

Anneli Howard is recommended as a leading junior by Chambers and Legal 500 in Competition, EU law, Aviation, Telecommunications and Consumer Law/Product Liability. In October 2014 Anneli was nominated for the Chambers Bar Award for “Junior of the Year” in Competition & EU. She is also recognised as a leading competition expert by Who’s Who in its International Competition Lawyers and Economists and the UK Bar publications. Anneli was selected as one of ten barristers in The Lawyer’s Hot 100- 2016.

A former Référendaire at the European Court of Justice, she has expert insight of the interaction between EU and domestic law, including telecoms, utilities and other regulated industries. In November 2012 she was appointed as Standing Counsel to the Civil Aviation Authority to advise on their new sectoral competition law powers and EU responsibilities. Anneli has recently been appointed to the  Attorney General’s A Panel for Public/ Administrative Law and to its Public International Law Panel for a tenure of 5 years.

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, CAA, CMA, Ofgem, ORR, Freshfields Bruckhaus Deringer, Linklaters, Hogan Lovells, King Wood Mallesons, Pinsent Masons, Mishcon, Macfarlanes, Osborne Clarke, Redd, Berry Smith, Bird&Bird.

  • Competition Law & EU

    “She is very clear, very personable and highly approachable.”Chambers UK, 2017

    “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

    “a real competition law expert who is brilliant with clients”Chambers UK, 2015

    ‘‘Smart and effective.’’ – Legal 500, 2014

    Anneli is a senior junior with extensive experience in EU and UK competition law. In 2009 she was listed as one of the Top 100 Women in Antitrust by Global Competition Review. She is Standing Counsel to the Civil Aviation Authority on competition, regulatory and EU matters and was nominated as “Junior of the Year” in EU/Competition in the 2014 Chambers Bar Awards.

    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 damages claims under Articles 101 and 102 in the CAT, Chancery Division and Commercial Court.

    She 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 on the forthcoming 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 as well as acted for commercial operators seeking stand-alone or follow-on damages and/or injunctive relief.

    Domestic cases

    • Advising CAA on an investigation leading to its first infringement decision under Chapter 1 regarding minimum price obligations and information exchange regarding car parking services at East Midlands Airport.
    • Advising Bathroom fittings supplier in relation to CMA investigation regarding online restrictions, conducting contract review and introducing compliance training.
    • Advising complainant in CMA investigation against PING regarding online sales ban regarding sales of sports equipment.
    • Visa interchange fees – limitation strike out: 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 litigationSainsbury’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.
    • Power cablesNational Grid v ABB a.o.: Defending the Italian Prysmian group of companies in damages action relating to the supply of underground powers cables
    • Scottish Power v ABB a.o: Defending damages cartel action regarding power station infrastructure
    • PU Foam: Acting for claimants in follow on damages actions for cartel infringement in the soft furnishings sector regarding the PU Foam cartel.
    • 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 Anaethetists 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.
    • Care homes: Acting for Quantum Pharmaceutical in its leniency application and early resolution/settlement negotiations with the OFT’s investigation into price fixing in the care home sector, achieving a reduction of approximately 50% of the fine.
    • Aviva Insurance Limited a.o. v Primary General Insurance a.o.: Acting for defendants in High Court competition law proceedings relating to horizontal co-insurance pool arrangements;
    • Sports Bras: OFT v DBA, Debenhams, John Lewis, House of Fraser: Acting for the OFT in its inquiry into resale price maintenance of sports bras, leading to non-infringement decision.
    • Advising independent spare parts retailer on the application of the Motor Vehicle Block Exemption, the Vertical Block Exemption and EU Regulations regarding access to vehicle repair and technical information in threatened IP proceedings;
    • Professional Golf a.o. v Acushnet (2011 UKHC and UKCA): Acting as sole Counsel for 11 claimant retailers in EU competition law damages claim and injunction application for unlawful restriction of sales over the internet. Successfully obtained interim relief from leading manufacturer to prevent restriction of EU parallel trade over the internet – High Court and Court of Appeal
    • UV v Nominet (2009): Acting for claimant in bringing Article 101/102 proceedings against the UK domain registry for abuse of dominant position and anti-competitive refusal to register certain domain names – successfully defended strike out action.
    • PLUS Markets v London Stock Exchange (2009): Defending the London Stock Exchange in a Commercial Court challenge to its AIM trade reporting rules under Art 101/102 and free movement provisions.
    • Diageo v Intercontinental Brands (2009): Acting for Diageo – successfully resisting competition law defence in a passing off and intellectual property law claim
    • R v George and others: Acting for the OFT in the EA02 criminal prosecution of BA executives in the air freight sector.
    • Fuel surcharges: Cathay Pacific/Virgin: Acting for the OFT in its CA98 investigation of price fixing of long-haul fuel surcharges
    • Tobacco: Assisting the OFT with evidential review and drafting of the Statement of Objections against companies accused of fixing the price of Tobacco
    • Replica Kits: Allsports, JJB, MU and Umbro v OFT (2004-2006): Assistance with the production of the final decision and successfully defended the OFT in the Replica Football Kit price fixing appeals before the CAT and the CA.

    EU cases

    • Case C 123/16 and T-486/11 Orange Polska (ongoing): 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.
    • Acting for China Shipping Container Lines in the EU Commission Article 101 investigation into alleged parallel pricing in container shipping.
    • Acting for China Shipping Container Lines in the EU inquiries regarding container line shipping alliances, including P3..
    • Advising UK Government on various state aid matters.
    • Acting for the NI Government in judicial review proceedings and in EU Commission proceedings regarding alleged state aid;
    • Case T-347/06 Nynas Petroleum a.o. v Commission: Challenging the EU Commission’s infringement decision and penalty in the Dutch Bitumen Cartel.
    • Case T- 461/07 Visa v Commission: Acting for Visa in the appeal against the Commission’s Article 81 infringement decision regarding the non-admission of Morgan Stanley to its credit card acquiring business; argument on two sided markets and horizontal efficiencies between an association of banks;
    • Acting for Visa Europe in the EC Commission sector inquiry into retail banking and payment cards
    • Acting for Visa Europe in the Article 101 investigation into cross-border interchange fees in consumer and commercial credit cards COMP/34.579; 36.518 and 38.580.
  • Telecommunications

    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

    ‘Very competent, practical and friendly.’ Anneli is ranked as a top tier Junior in Telecommunications – Legal 500, 2014

    “an expert on the interplay of European law and domestic telecoms regulation” and has “very good technical knowledge of electronic communications” – Chambers UK, 2013

    Anneli acts for telecoms and mobile companies in regulatory investigations and disputes and appeared in appeals before Competition Appeal Tribunal, Court of Appeal and General Court in Luxembourg. She has in-depth analysis of domestic licensing regimes, charge controls, 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

    • 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.
    • Advising Openreach on its universal service obligations regarding superfast broadband.
    • Advising Openreach on its nationwide rollout of superfast broadband under the BDUK tenders.
    • Advising BT on the scope, content and requirements of its 2005 undertakings .
    • Case C-123/16 and T-486/11 Orange Telecom (ongoing): 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.
    • BT v Ofcom – PPCs (2010-12): Acting for BT in an appeal against Ofcom’s determination of its pricing of PPCs and compliance with its SMP Licence Conditions (CAT plus subsequent appeal to the Court of Appeal)
    • BT v Ofcom – TRD (2008): Acting for BT in its CAT appeal against Ofcom’s determination into disputes regarding mobile call termination rates.
    • H3G v Ofcom – MCT (2008): Acting for BT in its intervention in the appeal by H3G against the CAT’s findings on non-pricing issues in the mobile call termination dispute.
    • Orange v Ofcom (2008): Acting for BT in its intervention in Orange’s appeal against Ofcom’s determination of a dispute.
    • Floe v Ofcom (2006-8): Successfully defended Ofcom’s non-infringement decision on Article 102/Chapter II in the telecoms sector and subsequent appeal to the Court of Appeal.
    • VIP v Ofcom (2008-2011): Successfully defended Ofcom’s non-infringement decision on Article 102 /Chapter II in the telecoms sector
    • VIP Online and others v Ofcom: Represented Ofcom in follow on Francovich Damages claim brought by a number of telecom companies before the High Court regarding the implementation of the Access and Framework Directives.
    • Nokia v Qualcomm: Acting for Nokia on competition law issues raised in US patent infringement litigation against Qualcomm
  • Other Regulated Industries

    Rail Transport

    • Heathrow Airport Limited v ORR (2017): Acting for the CAA in its intervention in judicial review regarding recovery of historical infrastructure costs from Crossrail passengers in relation to Heathrow Spur.
    • EWS (2004-2008): Advising the ORR on due process, confidentiality, review of evidence, formulation of the economics case and assisting with the drafting of the Statement of Objections in a Chapter II/Article 102 investigation into abuse of dominance by EWS in long-haul coal freight. Successfully defended final infringement decision against appeal challenge before the CAT.
    • EWS v EON: Acted for ORR in its intervention in the High Court CPR Part 8 proceedings between EWS and E.ON regarding the effect of the directions on a long term freight contract.
    • Advising the ORR as Counsel to the Panel in numerous Network Code appeals between Train Operating Companies and Network Rail.

    Aviation

    ‘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 Law – Legal 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 new Civil Aviation Act 2012. In 2014, Anneli assisted the CAA with its consultation, inquiries regarding the market power assessment for Gatwick, Heathrow and Stansted Airports. She assisted with drafting the eventual MPA decision as well as the Q6 licensing decisions published in March 2014 ahead of the new regime coming into force. None of the 8 decisions were appealed. 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 compensation for delayed boarding.

    Recent Cases

    • Manchester Airports Group and Prestige: Advising CAA in its first Chapter I investigation into price fixing and information sharing in relation to car parking services
    • Advising the CAA on regulation of air traffic services and licence arrangements for NATS
    • Advising CAA on a complaint under the Transport Act 2000 regarding air safety issues.
    • 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;
    • Advising the CAA on licensing and other regulatory arrangements for the Q6 period in respect of Stansted, Gatwick and Heathrow airports;
    • Assisting the CAA with its new guidance on its competition law powers;
    • 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;
    • R v George and others: Acting for the OFT in the EA02 criminal prosecution of BA executives in the air freight sector.
    • Cathay Pacific/Virgin: Acting for the OFT in its CA98 investigation of price fixing of long-haul fuel surcharges

    Utilities

    Anneli also advises OFGEM, OFWAT and utility companies on regulatory matters and competition law issues.

    • Advising OFGEM on its first CA98 investigation in the energy sector
    • Advising DECC on smart metering arrangements

    Article 106-7 State Aid/ Services of General Economic Issues

    Anneli regularly advises on state aid issues and has represented the UK Government before the EU Commission in notifications and state aid inquiries as well as the Article 107 derogation for SGEIs.

    Recent Cases

    • 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.
    • 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.
  • Financial Services

    Anneli has acted for a number of financial institutions on competition and regulatory/supervision matters as well as in consumer credit and consumer protection.

    Recent Cases

    • Argos a.o. Tesco Sainsbury’s v Visa Europe a.o. (ongoing) Defending Visa in retailers’ competition law damages claims for interchange fees.
    • Advising financial institutions on the implications of the Interchange Fee Regulation
    • Representing financial institutions in submissions to the Payment Systems Regulator

    Anneli  regularly advises on consumer credit matters and represent parties in determining fitness assessments, revocations and suspensions (and consequent appeals), responsible lending and debt collection and management.

    • 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 involved getting to grips with FISMA and the LSE Rulebook and AIM Trading Rules.
    • Case T- 461/07 Visa v Commission: Acting for Visa Europe in the administrative proceedings before the European Commission and in the subsequent appeal before the CFI against the infringement and fine imposed by the EC Commission for Visa’s refusal to admit Morgan Stanley to its card payment system.
    • Defending in the appeal on domestic interchange rates in MasterCard Members Forum and Visa v OFT
    • Assisting Visa in the Commission’s sector inquiry into retail banking
    • Assisting Visa with its responses to Article 18 inquiries in Commission investigation into cross- border interchange fees.
  • EU/ EEA Law

    Anneli is a seasoned EU litigator, having previously been a litigation solicitor at Freshfields Bruckhaus Deringer with experience working in London, Paris and Milan. She is fluent in French and Italian. From 2000 -2003, she gained inside knowledge of the workings of the European Court of Justice as Référendaire (Judicial Assistant) to the British Judge. She is experienced across the full spectrum of EU law, acting in cases concerning citizenship, consumer protection, employment, 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.  She is currently active in the Brexit Article 50 and Article 127 challenges and 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 Cases

    • 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.
    • 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 is acting for a German tobacco company and successfully obtained permission to intervene in the domestic proceedings and will appear at the forthcoming hearing before the ECJ
    • Speed Medical Examinations Limited v Secretary of State: Judicial review proceedings challenging the legality of the Government’s whiplash reforms with EU state aid rules and Government entrustment of public service obligations under Article 106 TFEU.
    • Advising Betfair in a preliminary reference from the Dutch Council of State regarding the compatibility of gaming licence with EU free movement provisions
    • Case C-418/11 Texdata: Company accounts, penalties, freedom of establishment, ECHR right of effective judicial protection, non retroactivity and double jeopardy;
    • Case C-52/07 Kanal 5 Limited – Application of Article 82 EC in the TV broadcasting sector; remuneration model applied by the Swedish Performing Rights Society,
    • Case C-122/10 Ving: Unfair Consumer Terms in advertising; whether a newspaper advert placed by Thomas Cook is an “invitation to purchase”;
    • Case C-124/09 Smit Reizen: Interpretation of Regulation 561/2006 in road transport, road safety and employment law
    • Case C-170/11 Lippens: Taking of evidence in civil or commercial matters: where witnesses should be heard in a Belgian/Dutch damages claim
    • Case C-544/09 Seeger: Interpretation of Regulation (EEC) No 3821/85 on recording equipment in road transport
    • Case C-462/06 Glaxosmithkline – Interpretation of Brussels I Regulation : jurisdiction in employment law matters

    Anneli has acted for private parties in challenging EU Regulations and Directives as well as ensuring the compatibility of domestic implementing legislation. She has also advised regulators and private parties on the correct implementation of Directives and acted in Francovich damages claims.

  • Public Law

    Anneli has been recently appointed to 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.

    Recent Cases

    • 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 of Heathrow Spur link from 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.
  • 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 is currently active in the Brexit Article 50 and Article 127 challenges and 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 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.
  • Consumer Law

    “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 on compliance with the Unfair Terms Directive and UTCCRs and the Consumer Protection from Unfair Trading Regulations (CPRs) and other consumer protection legislation, including pricing issues, commercial practices, advertising and sales techniques. She also acts for the OFT/FCA in consumer credit matters, including fitness assessments, licence revocations and suspensions, responsible lending and debt collection and management issues.

    As Standing Counsel to the Civil Aviation Authority, Anneli advises on the interplay between competition, regulatory and consumer enforcement powers and also acts on delayed boarding issues.

    Key cases include:

    • 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 £2999) 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 (2010 – 2012)
    • Anneli successfully defended the OFT’s Determination revoking the licence of a door-stop supplier to sell burglar alarms under doorstep selling arrangements. The allegations involved 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.
  • Sports Law

    As a solicitor and a barrister, Anneli has advised private parties and regulators on sports regulatory matters and contractual disputes, involving EU and competition law issues. She is currently advising on state aid and public procurement issues relating to sports facilities and on competition issues relating to sponsorship and merchandising rights.

    Recent Cases

    • Advising on competition issues relating to FIFA and the Premier League rules.
    • Representing the Northern Ireland Government in relation to investigation concerning state aid and public procurement issues regarding sports facilities;
    • Advising the OFT on competition law investigation into leisure sporting goods.
    • Advising a leading football team on contractual and EU competition law issues relating to long term manufacturing, supply and sponsorship agreement;
    • Professional Golf v Acushnet (2011-2012): Acting as sole Counsel for 11 internet golf businesses in EU competition law damages claim. Successfully obtained interim relief from leading manufacturer to prevent restriction of EU parallel trade over the internet – High Court and Court of Appeal; main damages claim for breach of Article 101 and 102 subsequently settled;
    • Advising the OFT and Competition Commission on potential merger implications and Chapter I/II, EA02 issues of potential acquisition in the sports retail sector;
    • Advising LOCOG on competition law issues under Chapter I and Article 102 TFEU of trade mark licensing and distribution agreement;
    • Allsports, JJB, MU and Umbro v OFT (2004-2006): Assistance with the production of the final decision and successfully defended the OFT in the Replica Football Kit price fixing appeals before the CAT and the CA; and
    • Advising Formula 1 on competition law issues in Commission investigation into broadcasting rights.
  • What the Directories Say

    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 organised by IBC, Informa, Knect 365, MLex, Sweet & Maxwell, Thomson, Justis, ERA, UAE, MBL and CLT on all areas of EU law. She regularly helps solicitors with in-house and client training 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.

    • ”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
    • “AKZO – What a Carry On…. Extra-territoriality, corporate veils and SLC “ ECLR 2013.
    • Co-Author of Chapter 16 “Litigating infringements in national courts” in Bellamy & Child “European Union Law of Competition” (OUP 7th Edn 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
    • Hot 100 2016
    • Shortlisted for Chambers EU/Competition Junior of the Year 2014
    • Open Academic Scholar at St Edmund Hall, Oxford 1992 –1994
    • British Academy Scholar 1994-1995
    • Two Half Blues and Captain of Oxford University Gymnastics Team 1992-1993
    • Overall European Winner of the European Final for Freshfields/Financial Times Best Business Law Student in Europe 1995
    • GCR’s Top 100 Women in Antitrust 2009
    • 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

    • European Circuit
    • Bar European Group
    • UK Human Rights Law Association
    • COMBAR
    • Union des avocet Europeena
    • UK State Aid Law Association

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