Ben is Standing Counsel to the Competition and Markets Authority. He has extensive experience in competition and regulatory matters, with a particular focus on digital industries and telecommunications. He acts for both private and public bodies, and has appeared in a number of major cases in the Competition Appeal Tribunal, High Court and Court of Appeal.

Ben is recommended in Chambers UK and Legal 500 in the fields of Competition Law and Telecommunications Law, and is a contributor to the leading EU Competition Law text, Bellamy & Child European Union Law of Competition. He has acted in a number of the major competition cases of the last few years, including Royal Mail and BT v DAF Trucks [2023] CAT 6 (the first damages claim arising from the Commission’s Trucks Decision) and BGL (Comparethemarket) v Competition and Markets Authority [2022] CAT 36.

Cases

• Allianz v Mastercard and Visa: acting for claimants in umbrella proceedings concerning card payment interchange fees.
• Royal Mail and BT v DAF Trucks [2024] EWCA Civ 181; [2023] CAT 6: acted for successful claimants at trial and on appeal in first damages claim arising from European Commission’s Trucks Cartel Decision.
• Dye and Durham v Competition and Markets Authority [2023] CAT 46: acted for CMA in merger remedies judicial review.
• HG Captial LLP & Ors v Competition and Markets Authority [2023] CAT 52: acted for CMA in appeal against decision finding pharmaceutical company guilty of excessive pricing abuse of dominance.
• BGL (ComparetheMarket) v Competition and Markets Authority [2022] CAT 36: acted for CMA in appeal concerning of ‘wide most favoured nation clauses’ on price comparison website. First case involving a pure ‘effects’ finding by the CMA.
• Meta v Competition and Markets Authority [2022] CAT 26; [2021] EWCA Civ 701: acted for CMA in judicial review challenge against its decision to block Facebook’s purchase of GIPHY.
• JD Sports Plc v Competition and Markets Authority [2020] CAT 20: acted for the CMA in a challenge to its decision to prohibit the merger between two major competitors in the sportswear retail sector.
• Ecolab Inc. v CMA [2020] CAT 12: acting for the CMA in merger challenge concerning formulated cleaning chemicals and ancillary services.
• Ping Europe v Competition and Markets Authority [2018] CAT 13: acted for the CMA in an appeal against its decision on internet sales bans.
• HSBC v European Commission (T-105/17) [2019] 5 CMLR 21: acted for the European Commission in an appeal against its decision on the Euro Interest Rate Derivatives cartel.
• Tobii AB (Publ) v Competition and Markets Authority [2019] CAT 23: acted for the CMA in merger challenge concerning augmentive and assistive communication solutions.
• B&M European Value Retail v Competition and Markets Authority [2019] CAT 13: acted for the CMA in a supermarket’s challenge to the CMA’s decision to designate it as a Designated Retailer under the Groceries Market Investigation Order 2009.
• British Airways Plc v MasterCard Incorporated (Case No. 1269/5/7/16): acted for British Airways in follow-on damages claim concerning card payment interchange fees.
• Streetmap v Google [2016] EWHC 253 (Ch): acted for Google in abuse of dominance claim concerning Google’s search engine and online maps.
• British Telecommunications Plc v Ofcom [2015] CAT 6: acted for TalkTalk in appeal concerning charges for calls to 08 numbers.
• BSkyB and Ors v Ofcom [2014] EWCA Civ 133: acted for Ofcom in an appeal against its decision to impose a wholesale must offer obligation on TV broadcaster.

Ben has a broad Public Law practice, with particular expertise in human rights, discrimination, immigration, social security and EU law.

Ben was a member of the Attorney General’s A Panel before taking silk.

Ben appears regularly as an advocate in the Competition Appeal Tribunal, High Court and Court of Appeal. He has acted for the Government in a number of leading public law cases, including Simawi v Haringey LBC (discrimination in social housing) and MB v Secretary of State for Work and Pensions (gender reassignment).

Cases

• Dye and Durham v Competition and Markets Authority [2023] CAT 46: acted for CMA in merger remedies judicial review.
• BGL (ComparetheMarket) v Competition and Markets Authority [2022] CAT 36: acted for CMA in regulatory appeal against its decision to fine price comparison website for breach of competition law.
• Meta v Competition and Markets Authority [2022] CAT 26; [2021] EWCA Civ 701: acted for CMA in judicial review challenge against its decision to block Facebook’s purchase of GIPHY.
• Simawi v Haringey LBC and Secretary of State for Housing, Communities and Local Government [2020] 2 All ER 701: defended human rights discrimination challenge to domestic legislation governing the right to succeed to social tenancies.
• Healthspan Ltd v Food Standards Agency: acted for FSA in judicial review claim concerning designation of cannabidiol products under EU-derived legislative scheme.
• LH v Secretary of State for Work and Pensions, AV v Secretary of State for Work and Pensions, Wloch-Kowalski v Secretary of State for Work and Pensions: acted for the Secretary of State in a series of appeals to the Upper Tribunal concerning the legislative bar on paying universal credit to EU jobseekers in the UK.
• Secretary of State for the Home Department v Denis Viscu [2019] 1 WLR 5376: whether youth detention counted as imprisonment when determining whether an EU national could be deported.
• MB v Secretary of State for Work and Pensions [2019] 1 CMLR 4; [2017] 1 All ER 338: leading case on the compatibility with EU law of domestic legislation on gender reassignment.
• Secretary of State for the Home Department v Franco Vomero [2019] 1 WLR 4729; [2019] QB 126; [2017] 1 All ER 999: Supreme Court and CJEU case concerning the deportation of foreign criminals under the EU Citizenship Directive.
• T-388/19, C-646/19 Puigdemont v European Parliament: fugitive Catalan leader’s challenge to European Parliament’s refusal to allow him to take up his seat following European elections.
• SM (Algeria) v Entry Clearance Officer [2019] 1 WLR 5505; [2019] 3 CMLR 16; [2018] 1 WLR 1035: CJEU and Supreme Court case on the EU Citizenship Directive and domestic rules governing the recognition of inter-country adoptions. Leading case on circumstances in which an adopted child qualifies as a “family member” under EU law.
• R (Uzbek-German Forum for Human Rights) v Secretary of State for International Trade: judicial review concerning the EU and domestic regimes allowing the import of cotton from Uzbekistan under preferential trade conditions.
• Secretary of State for the Home Department v Christy [2019] 1 WLR 2017; [2019] 1 CMLR 30: appeal concerning the right of unmarried partners of British citizens to reside in the UK under EU law.
• Warwickshire CC v Halfords Autocentres Ltd (Competition and Markets Authority intervening) [2019] 1 WLR 3597: appeal on status of test purchases by trading standards officers under the Consumer Protection from Unfair Trading Regulations 2008.
• Khan v Secretary of State for the Home Department [2018] 1 WLR 1256: Court of Appeal case concerning the jurisdiction of the First-Tier Tribunal in EEA family member appeals.
• R (Turley) v Wandsworth LBC [2017] H.L.R. 21; [2017] 2 P. & C.R. DG9:
  human rights challenge to social housing legislation under Article 14 of the ECHR.
• Ahmed v Secretary of State for the Home Department [2017] 1 WLR 3977; [2017] 2 CMLR 27: EU law challenge to domestic legislation on the rights of non-EU nationals to reside in the UK following divorce.
• Secretary of State for Work and Pensions v HY [2017] UKUT 303 (AAC): compatibility with EU law of domestic legislation on gender reassignment.
• NA (Libya) v Secretary of State for the Home Department [2017] EWCA Civ 143; [2017] Imm AR 1200: errors of law in the context of country guidance cases.
• Case C-218/14 Singh v Minister of Justice and Equality [2016] QB 208: represented the UK Government in a successful intervention before the EU Court of Justice concerning the rights of third country nationals to reside in the EU.
• R (Benjamin) v Secretary of State for the Home Department [2016] EWHC 1626: Francovich damages claim against the Home Office concerning its implementation of the EU Citizenship Directive.
• R (Jewish Human Rights Watch) v Leicester City Council [2016] EWHC 1512: judicial review challenge to Council’s motion to boycott goods from the occupied territories.
• R (SB (Jamaica)) v Secretary of State for the Home Department [2016] EWCA Civ 400: Court of Appeal challenge concerning the Government’s immigration policy on recourse to welfare support.
• R (Tomescu) v Lord President of the Council [2015] EWHC 3293, [2016] 1 CMLR 39: EU law challenge to the UK’s rules on the entitlement to vote and stand in parliamentary elections.
• Case C-115/15 Secretary of State for the Home Department v NA (judgment of 30 June 2016): represented the UK in a reference to the EU Court of Justice concerning the rights of third country national divorcees to reside in the EU.

Ben is an expert on EU law, acting for a range of public and private clients. He has appeared in a number of leading EU law cases in the UK, including claims for Francovich damages, and various cases in the national courts concerning the interpretation and application of EU legislation. He has acted for the UK Government in numerous cases before the EU Court of Justice.

Given his experience in EU law, Ben is perfectly placed to advise on issues arising from the UK’s exit from the EU.

Cases

Domestic cases include:

• Royal Mail and BT v DAF Trucks [2023] CAT 6: acted for successful claimants in first damages claim arising from European Commission’s Trucks Cartel Decision.
• HG Captial LLP & Ors v Competition and Markets Authority (Judgment pending): acted for CMA in appeal concerning EU law concept of excessive pricing abuse of dominance.
• Healthspan Ltd v Food Standards Agency: acted for FSA in judicial review claim concerning designation of cannabidiol products under EU-derived legislative scheme.
• LH v Secretary of State for Work and Pensions, AV v Secretary of State for Work and Pensions, Wloch-Kowalski v Secretary of State for Work and Pensions: acted for the Secretary of State in a series of appeals to the Upper Tribunal concerning the legislative bar on paying universal credit to EU jobseekers in the UK.
• R (ID) v Secretary of State for the Home Department: acted for Home Secretary in judicial review concerning asylum seekers under the Dublin III Regulation.
• Uzbek German Forum for Human Rights v Secretary of State for International Trade (CO/4121/2019): Judicial review brought by an international human rights organisation concerning the importation of Uzbek cotton into the UK raising issues of both EU law and international law.
• Secretary of State for the Home Department v Denis Viscu [2019] 1 WLR 5376: whether youth detention counted as imprisonment when determining whether an EU national could be deported.
• SM (Algeria) v Entry Clearance Officer [2019] 1 WLR 5505; [2019] 3 CMLR 16; [2018] 1 WLR 1035: Supreme Court and CJEU case on the EU Citizenship Directive and domestic rules governing the recognition of inter-country adoptions. Leading case on circumstances in which an adopted child qualifies as a “family member” under EU law.
• MB v Secretary of State for Work and Pensions [2019] 1 CMLR 4; [2017] 1 All ER 338: leading case on the compatibility with EU law of domestic legislation on gender reassignment. Supreme Court and CJEU.
• Secretary of State for the Home Department v Christy [2019] 1 WLR 2017; [2019] 1 CMLR 30: appeal concerning the right of unmarried partners of British citizens to reside in the UK under EU law.
• Warwickshire CC v Halfords Autocentres Ltd (Competition and Markets Authority intervening) [2019] 1 WLR 3597: appeal on status of test purchases by trading standards officers under the Consumer Protection from Unfair Trading Regulations 2008.
• Secretary of State for the Home Department v Franco Vomero [2019] 1 WLR 4729; [2019] QB 126; [2017] 1 All ER 999: Supreme Court and CJEU case concerning the deportation of foreign criminals under the EU Citizenship Directive.
• Ahmed v Secretary of State for the Home Department [2017] EWCA Civ 99; [2017] 1 WLR 3977; [2017] 2 CMLR 27: EU law challenge to domestic legislation on the rights of non-EU nationals to reside in the UK following divorce.
• Secretary of State for Work and Pensions v HY (RP) [2017] UKUT 303 (AAC): EU law challenge to domestic legislation governing the recognition of gender reassignment.
• R (Benjamin) v Secretary of State for the Home Department [2016] EWHC 1626: Francovich damages claim against the Home Office concerning its implementation of the EU Citizenship Directive.

European Court cases include:

• C-343/19 Verein Fur Konsumenteninformation v Volkswagen: acting for the UK Government in a preliminary reference to the CJEU concerning the Volkswagen emission scandal and jurisdiction under the Brussels I Recast Regulation.
• Case T-105/17: HSBC v European Commission [2019] 5 CMLR 21: acted for the European Commission in the first appeal against its decision on the Euro Interest Rate Derivatives cartel.
• T-388/19, C-646/19 Puigdemont v European Parliament: fugitive Catalan leader’s challenge to European Parliament’s refusal to allow him to take up his seat following European elections.
• MB v Secretary of State for Work and Pensions [2019] 1 CMLR 4; [2017] 1 All ER 338: leading case on the compatibility with EU law of domestic legislation on gender reassignment. CJEU and Supreme Court.
• SM (Algeria) v Entry Clearance Officer [2019] 1 WLR 5505; [2019] 3 CMLR 16; [2018] 1 WLR 1035: CJEU and Supreme Court case on the EU Citizenship Directive and domestic rules governing the recognition of inter-country adoptions. Leading case on circumstances in which an adopted child qualifies as a “family member” under EU law.
• Secretary of State for the Home Department v Franco Vomero [2019] 1 WLR 4729; [2019] QB 126; [2017] 1 All ER 999: CJEU and Supreme Court case concerning the deportation of foreign criminals under the EU Citizenship Directive.
• Cases C-331/16 & C-366/16 K and HF [2018] 3 CMLR 26: preliminary reference concerning the extent to which serious criminals such as war criminals and terrorists can rely on EU law to resist deportation from a Member State. Judgment of the Grand Chamber.
• C-353/16 MP (Sri Lanka) v Secretary of State for the Home Department [2018] 1 WLR 5585: preliminary reference concerning circumstances in which a person is entitled under the EU law to resist removal to his home country (a non-EU state) on the grounds that essential medical treatment would not be available in his home country. Judgment of the Grand Chamber.
• Case C-133/15 Chavez-Vilchez [2017] 3 W.L.R. 1326; [2017] 3 C.M.L.R. 35: preliminary reference concerning the Zambrano principle. Judgment of the Grand Chamber
• Case C-218/14 Singh v Minister of Justice and Equality [2016] QB 208: preliminary reference concerning the rights of third country nationals to reside in the EU. Judgment of the Grand Chamber.
• Case C-115/15 Secretary of State for the Home Department v NA (Pakistan): [2017] Q.B. 109; [2016] 3 W.L.R. 1439; [2017] 1 C.M.L.R. 12; [2017] Imm. A.R. 34: preliminary reference from the Court of Appeal concerning the residence rights of non-EU national victims of domestic violence.
• Case C-184/16 Petrea [2018] 1 WLR 2237; [2018] 1 CMLR 42: preliminary reference concerning a Member State’s power to remove an EU citizen who has re-entered its territory despite being subject to an exclusion order.
• Case C-518/15 Matzak v Town of Nivelles [2018] 2 CMLR 37: preliminary reference concerning the application of the Working Time Directive to ‘on call’ emergency workers.
• Case C-193/16 Vannucci: preliminary reference concerning ta Member State’s power to deport an EU citizen who has committed serious criminal offences.
• Case T-433/10 P Allen and Ors v European Commission; Case T-45/01 Sanders and Ors v European Commission: direct action discrimination claims brought against the European Commission by contractors working at the EU’s JET nuclear fusion project.

Ben is highly sought after in the fields of Data Protection and Freedom of Information. He is recommended as a leader in Data Protection in the Legal 500, and in 2022 was awarded Technology and data junior of the year, just prior to taking silk.

Ben has appeared in numerous cases in the First-tier and Upper Tribunals, acting on behalf of private clients, public authorities and the Information Commissioner. The public authorities for which Ben has acted include the Department for Communities and Local Government, Defra, DWP, the CPS and the Environment Agency.

Ben’s expertise covers Data Protection, Freedom of Information and Environmental Information.

Cases

• Defra v Information Commissioner and Badger Trust [2014] UKUT 0526: Upper Tribunal challenge concerning the scope and application of Directive 2003/4/EC on public access to environmental information.
• DWP v Information Commissioner (EA/2013/0040): appeal concerning the scope of the concept of personal data in EU Directive 95/46/EC on data protection and the Data Protection Act 1998.
• Birkett v Information Commissioner and Defra [2011] EWCA Civ 1606: leading case on the entitlement of public authorities to rely on late exemptions under the Freedom of Information Act 2000.
• Williams v Information Commissioner and Environment Agency (EA/2012/0172): appeal concerning information gathered by the EA during an investigation into possible criminal offences committed by an NHS Trust through its waste management operations.
• Stephens v Information Commissioner and CPS (EA/2012/0075): appeal by a serving prisoner against the Information Commissioner’s decision that the CPS was entitled to withhold information concerning the prisoner’s prosecution.
• Robinson v Information Commissioner (EA/2013/0157): appeal concerning the disclosure of information held by the CPS relating to a high profile unsuccessful prosecution.

Ben has acted both for and against a number of sporting bodies, including the Football Association (FA), the Rugby Football Union (RFU) and the World Professional Billiards and Snooker Association (WBPSA).

Ben holds a Post Graduate Diploma in Sports Law from King’s College London, for which he obtained a distinction. He has appeared on BBC Five Live’s Morning Report to discuss whether the Freedom of Information Act 2000 should be extended to cover sports governing bodies such as the Football Association.

Competition Law: “He is well prepared and gets into the detail, and will take on an argument in court with real determination.” “Ben is an excellent team player who listens to and challenges views in a productive way.”- Chambers UK, 2024

European Law: “Ben is really impressive. He produces incredibly persuasive written advocacy: forceful, and very clever and charming.” “Ben is an excellent team player who listens to and challenges views in a productive way. He is well prepared and really gets into the detail. He will take an argument into court with real determination.” – Chambers UK, 2024

Telecommunications: “Ben is knowledgeable, experienced, conscientious and a very effective advocate.” – Chambers UK, 2024

New Silk in Telecoms (regulatory): “He is highly dedicated, clear, methodical and superb with detail. A top choice.”  – Legal 500, 2024

New Silk in Competition – Legal 500, 2024

New Silk in EU Law – Legal 500, 2024

New Silk in Administrative Law and Human Rights – Legal 500, 2024

Competition Law: “An absolute superstar and the best junior I have worked with. He is very good on the documents and is forensic. He’s approachable and very good at listening, but is confident to put forward his own view.”- Chambers UK and Chambers Global, 2023

European Law: “A phenomenal lawyer.” – Chambers UK, 2023

Telecommunications: “A well-organised barrister who produces structured advice. He is very persuasive in court.” – Chambers UK, 2023

Leading junior in Competition: “Ben is a great barrister in court and on paper. He is a punchy advocate who is effective in landing his client’s case.” – Legal 500, 2023

Leading junior in EU Law: “Ben is a fantastic junior who is intelligent, thorough and persuasive. He is a genuine expert on EU law and it is only a matter of time before he is in silk.”  – Legal 500, 2023

Leading junior in Telecoms (regulatory): “He is highly dedicated, clear, methodical and superb with detail. A top choice as junior counsel although surely will soon be taking silk.”  – Legal 500, 2023

Leading junior in Administrative Law and Human Rights – Legal 500, 2023

Competition Law: “He is very much on top of the issues; he is an accessible barrister and turns things around over a short timescale.”- Chambers UK and Chambers Global, 2022

European Law: “He is fantastic: a very persuasive, calm, organised and structured advocate.” – Chambers UK, 2022

Telecommunications: “He had a very good eye for detail and was quite dogged in rooting out the points that could take us forward.” – Chambers UK, 2022

Leading junior in Administrative & Public (including elections): “He is a sensible and practical opponent and he is a confident advocate.” – Legal 500, 2022

Leading junior in Competition: “You know a high quality barrister when you find one and we have found one of the best in Ben. A skilled well-prepared advocate who is highly effective in his arguments.” – Legal 500, 2022

Leading junior in EU Law – Legal 500, 2022

Leading junior in Telecoms (regulatory): “Fantastic attention to detail, highly meticulous in his approach.”  – Legal 500, 2022

Competition Law: “He is really impressive,” and “holds his own against silks.”- Chambers UK and Chambers Global, 2021

European Law: “Ben is a really superb advocate, who is very knowledgeable and delivers beautifully organised submissions. He wins the respect of the court and really drives cases forward.” – Chambers UK, 2021

Telecommunications: “He is an excellent senior junior with a wide-ranging understanding of the law.” – Chambers UK, 2021

Leading junior in Administrative & Public (including elections): ‘‘He is a sensible and practical opponent and he was a confident advocate.’’ – Legal 500, 2021

Leading junior in Competition: ‘‘Ben is a very effective junior who is able to hold his own against senior QCs. He is a very able barrister and attracts high profile instructions.’’ – Legal 500, 2021

Leading junior in EU Law: ‘‘Ben is a very able barrister and attracts high profile instructions. He has the ability to grapple with difficult technical cases.’’ – Legal 500, 2021

Leading junior in Data protection: ‘‘A very effective junior who is able to hold his own against senior QCs.’’ – Legal 500, 2021

Leading junior in Telecoms (regulatory): ‘‘He is extremely bright with impressive arguments, both written and when presented.’’ – Legal 500, 2021

Competition Law: “Very responsive and the quality of his output on short deadlines is very high.” “He is easy to work with and extremely bright.”- Chambers UK and Chambers Global, 2020

European Law: “Really makes sure he has understood something all the way through to the roots; his analysis is never superficial and he is always thorough.” “He has an incisive legal mind and very good judgement.” – Chambers UK, 2020

Telecommunications: “Great fun to work with and very hard-working.” – Chambers UK, 2020

Leading junior in Competition: ‘‘An extremely bright junior.’’ – Legal 500, 2020

Leading junior in EU Law: ‘‘He clearly knows his EU law and comes up with arguments that persuade the courts.’’ – Legal 500, 2020 

Leading junior in Data protection: ‘‘He is strong in the freedom of information field.’’ – Legal 500, 2020

Leading junior in Telecoms (regulatory): ‘‘He is extremely bright with impressive arguments, both written and when presented’’ – Legal 500, 2020

Competition Law: “He is a very solid junior, who is hard-working and calm.”- Chambers UK and Chambers Global, 2019

Telecommunications: “Has excellent technical knowledge and explains the reasoning behind his advice very clearly.” – Chambers UK, 2019

Leading junior in Administrative and public law (including local government): ‘‘Advocacy and strategy are two of his strengths.’’ – Legal 500, 2018

Leading junior in Competition: ‘‘Very hardworking and diligent with good judgement. Great to have on your team.’’ – Legal 500, 2018

Leading junior in EU Law: ‘‘Hardworking and diligent with good judgement. Great to have on your team.’’ – Legal 500, 2018 

Leading junior in Data protection: ‘‘He is a hardworking, diligent junior who possesses good judgement.’’ – Legal 500, 2018

Leading junior in Telecoms (regulatory): ‘‘He is hardworking with strong legal skills and a pleasure to work with’’ – Legal 500, 2018

Competition Law: “He is commercial, to the point, articulate and very good with lay clients.”- Chambers UK, 2018

Telecommunications: “Ben Lask is extremely charming, very easy to work with and extremely sharp.” “He’s very good on the details.” – Chambers UK, 2018

Ben read law with history at Sussex University where he obtained a first class honours degree.  After graduating, Ben joined the Civil Service Fast Stream where he worked in the Lord Chancellor’s Department (now the Ministry of Justice) between 1998 and 2003, spending the last three years as Private Secretary to the Lord Chancellor, Lord Irvine of Lairg.

Ben holds a Post Graduate Diploma in Sports Law from King’s College London, for which he obtained a distinction in 2000. In 2003, he was awarded the Everard Ver Heyden Foundation Prize by the Inns of Court School of Law and the Middle Temple Sachs Prize for his performance in his bar exams.

Professional Memberships

• Bar European Group
• Human Rights Lawyers Association
• Administrative Bar Association