Luke Kelly

Call: 2022 | 2011 (South Africa)

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    Education

    BA (Law and Philosophy) University of Cape Town
    LLM (Competition Law) King’s College London

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    Introduction

    Luke Kelly has been practising at the Bar in South Africa since 2011. He was called to the Bar of England and Wales in July 2022 and joined Monckton Chambers as a tenant in January 2024. He has experience and expertise in the fields of competition law, administrative and public law, and general commercial law.

    In South Africa, Luke has appeared in the Constitutional Court, Supreme Court of Appeal, Competition Appeal Court, Competition Tribunal, and various High Courts. In Namibia, he has appeared in the Supreme Court and the High Court.

    Since joining Monckton Chambers, Luke has been instructed as junior counsel in several high profile matters, including for Manchester City Football Club in its challenges to the Premier League’s Associated Party Transaction Rules in private arbitration proceedings, for PayPoint Plc in its defence of standalone damages claims in the Competition Appeal Tribunal, and for proposed classes of claimants in collective proceedings brought against Microsoft and Amazon.

    Luke has previously served as a member of the Cape Bar Council. He has delivered ad-hoc lectures on competition law at the University of Cape Town and is the lead author and editor of Principles of Competition Law in South Africa (Oxford University Press) and is a co-author and editor of Class Action Litigation in South Africa (Juta).

    • News
    • Competition law

      Luke is instructed in a wide range of competition cases in South Africa and the United Kingdom, including in collective proceedings, standalone damages claims based on cartel conduct and abuses of dominance, regulatory investigations, contested mergers and applications for interim injunctive relief.

      Cases

      United Kingdom

      • Manchester City Football Club v Premier League: junior counsel for Manchester City Football Club in private arbitration proceedings conducted under the Premier League’s Rules challenging to the Premier League’s rules governing Associated Party Transactions.
      • GLOBAL-365 plc v PayPoint Plc; Utilita Energy Limited v PayPoint Plc (Cases 1597/5/7/23 & 1581/5/7/23): junior counsel for PayPoint plc defending standalone damages claims before the UK Competition Appeal Tribunal (CAT) for alleged abuses of a dominant position.
      • Alexander Wolfson v Microsoft Corporation Inc & Others (Case 1731/7/7/25): junior counsel for the proposed class representative in collective proceedings before the CAT against Microsoft claiming damages on behalf of a class of consumers for alleged abuses by Microsoft of a dominant position.
      • Association of Consumer Support Organisations Ltd v Amazon.com Inc & Others (Case 1749/7/7/25): junior counsel for the proposed class representative in collective proceedings before the CAT against Amazon for damaged on behalf of consumers based on Amazon’s alleged use of anticompetitive price parity provisions in its contracts with resellers on Amazon’s UK marketplace.
      • Infederation Ltd & Others v Google Inc & Others [2025] CAT 39: junior counsel for Google in interlocutory proceedings in the Google Shopping litigation in relation to the “bindingness” on the CAT of the European Commission’s decision in Case AT.39740 Google Search (Shopping).

      South Africa

      • Competition Commission v Meta Platforms Inc & Others (Case CR189Mar22): junior counsel for GovChat (Pty) Ltd (as intervenor) in proceedings before the South African Competition Tribunal against Meta alleging that Meta has abused its dominance by limiting access to its WhatsApp Business API.
      • Heineken N.V. / Distell Group Holdings Ltd (Case LM136Dec21): junior counsel for Heineken NV in merger proceedings before the South African Competition Tribunal relating to the acquisition by Heineken of Distell’s wine, spirit and flavoured alcoholic beverages, and the divestiture by Heineken of its Strongbow cider brand as part of a remedy to address horizontal overlap in the transaction.
      • Corruseal Group (Pty) Ltd / Neopak Holdings (Pty) Ltd (Case IM196Mar22): lead counsel before the Competition Tribunal for an intervening party opposing a proposed merger in the containerboard and packaging industry in South Africa that was prohibited due to vertical input foreclosure concerns and the inadequacy of behavioural remedies offered by the merger parties.
      • Competition Commission v Standard Bank of South Africa Ltd 2020 (4) BCLR 429 (CC): junior counsel for Standard Bank in a matter before South Africa’s Constitutional Court concerning the extent of the obligations of the Competition Commission to disclose the record of its investigation in proceedings for judicial review of a decision to prosecute an alleged foreign exchange cartel.
      • Mukaddam v Pioneer Foods (Pty) Ltd 2013 (5) SA 89 (CC): junior counsel for Premier Foods before the Constitutional Court in a landmark matter concerning the common law requirements for the certification of collective proceedings in South Africa.

      Books

      • Lead author and editor of Principles of Competition Law in South Africa (Oxford University Press).
      • Co-author and editor of Class Action Litigation in South Africa (Juta).
    • Public law

      Luke has acted in a number of high-profile public law cases in the courts of South Africa and Namibia, including judicial reviews and proceedings challenging the constitutionality of legislation in both jurisdictions.

      Cases

      • Tubestone (Pty) Ltd v Recycling & Economic Development Initiative of South Africa NPC 2024 (3) SA 207 (WCC): lead counsel in an appeal concerning the application of principles of collateral challenges in South African law to a tyre recycling scheme established under national legislation.
      • South African Fruit & Vegetable Canners Association v Impumelelo Agri Business Solutions (Pty) Ltd [2021] 3 All SA 242 (GP): junior counsel for the Perishable Products Export Control Board in matter concerning a constitutional challenge to provisions of the Agricultural Products and Standards Act which regulates the inspection of perishable products exported out of South Africa.
      • Minister of Finance v Hollard Insurance Company of Namibia Limited [2021] NASC; Minister of Finance v Hollard Insurance Company of Namibia Limited 2019 JDR 2585 (NmS): junior counsel for the Namibian Minister of Finance in the Namibian Supreme Court in proceedings concerning a challenge to the constitutionality of legislation establishing a mandatory reinsurance regime in Namibia.
      • South African Broadcasting Corporation SOC Ltd v Democratic Alliance 2016 (2) SA 522 (SCA): junior counsel for Corruption Watch (acting as amicus curiae), in an appeal concerning the binding nature of findings made by the South African Public Protector, an institution established in terms of Chapter 9 of the South African Constitution to investigate malfeasance and corruption committed by public officials.
      • Economic Freedom Fighters v Speaker of the National Assembly 2016 (3) SA 580 (CC): junior counsel for Corruption Watch (amicus curiae) in proceedings in South Africa’s Constitutional Court to declare unconstitutional the failure by former South African President Jacob Zuma to implement the findings of a report by the Public Protector into irregular expenditure at his private residence.
    • Commercial Litigation & International Arbitration

      Luke has experience and expertise in commercial litigation and international arbitration. He has been instructed in a wide range of commercial cases involving contractual disputes, shareholder disputes (including unfair prejudice claims) and disputes relating to large infrastructure projects. He has experience in arbitration proceedings before the International Arbitration (LCIA), the International Chamber of Commerce (ICC), and the Arbitration Foundation of Southern Africa (AFSA).

      Cases

      • Since joining Monckton Chambers, Luke has been instructed as lead counsel in a private LCIA arbitration on behalf of an investment fund based in Mauritius in relation to claims brought against it by a co-investor in businesses located in Zambia, Mozambique and Malawi.
      • Acted as junior counsel for an independent power producer in Rwanda in a claim against a listed engineering company for contractual damages relating to the design and construction of component parts for a methane gas power plant situated on Lake Kivu in Rwanda.
      • Acted as lead counsel in proceedings before the Namibian Supreme Court relating to the enforcement of an arbitral award obtained pursuant to private commercial arbitration proceedings concerning fishing rights in Namibia.
      • Acted as junior counsel in various proceedings relating to corporate structures established in multiple jurisdictions (including the Cayman Islands, the Netherlands, South Africa and Namibia) for the investment of the proceeds from the sale of cryptocurrency.
      • Acted for Old Mutual in Business Doctor Consortium Limited v Old Mutual Finance (RF) (Pty) Limited [2022] 4 All SA 719 (WCC) in proceedings before the High Court in South Africa concerning unfair prejudice under the South African Companies Act.
    • Additional information

      Professional experience

      • Advocate of the High Court of South Africa and member of the Cape Bar (2011 – present).
      • Ad-hoc lecturer and external examiner (competition law), Faculty of Law, University of Cape Town (2011 – present).
      • External examiner (competition law), Faculty of Law, University of the Witwatersrand (2021 – present).
      • Research and teaching assistant (administrative law), Faculty of Law, University of Cape Town (2009).

      Awards and scholarships

      • Entrance Scholarship – University of Cape Town (2003-2005).
      • International Scholarship – King’s College London (2009).
      • Finalist: Advocate Award, ProBono.org (2016) for service to Corruption Watch, a South African non-profit organisation.
    • Publications

      Books

      • Lead author and editor of Principles of Competition Law in South Africa (Oxford University Press).
      • Co-author and editor of Class Action Litigation in South Africa (Juta).

      Articles

      • Less is more: Senwes and the Concept of a ‘margin squeeze’ in South African competition law, South African Law Journal, Vol. 126 of 2009 Part 2 at p 246.
      • The introduction of a “Cartel Offence” into South African Law, Stellenbosch Law Review, Vol. 21 no. 2 of 2010 at p 321.
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