Philip is heavily involved in litigation both in the CAT and High Court and regularly advises on proceedings before the CMA, Ofcom, and the European Commission. He has particular expertise in relation to appeals to the CMA in respect of price controls in the regulated industries (telecommunciations, gas, electricity, airports), as well as in relation to all matters concerning platform markets and mobile networks.

Cases

Current and recent cases include:

• Merchant Interchange Fee Umbrella Proceedings: Philip is acting for c.2000 retailers, hotels and major commercial groups in an action for damages against Mastercard and Visa concerning the anti-competitive setting of interchange fees on payment cards. The case has so far decided important points concerning the approach to assessing pass-on ([2022] CAT 31, [2023[ CAT 60) and the interpretation of the EU Withdrawal Act 2018 ([2023] CAT 49, appeal pending). Trial on restriction of competition issues commences in February 2024, and on pass on issues in November 2024.
• Volkswagen AG v MOL Europe Africa Limited and others: Acting for Volkswagen and its subsidiaries in action for damages in respect of a global cartel in the shipping of motor vehicles.
• Mercedes-Benz Group AG v Continental AG and others [2023] EWHC 1143 (Comm): Acted for Mercedes in cartel damages action against manufacturers of hydraulic braking systems, raising novel jurisdictional point on the scope for claims against non-UK domiciled defendants post-Brexit.
• Euronet v Mastercard Inc and Visa Europe Limited: Philip acted for Euronet, a provider of ATMs, against Mastercard and Visa. Euronet alleged that Mastercard’s and Visa’s rules which prohibited ATMs in most of the EU from charging for withdrawals were anti-competitive.
• Secretary of State for Health and others v Les Laboratoires Servier SAS: Acting for Secretary of State for Health in High Court and CJEU in damages actions concerning breaches of competition law in relation to blood pressure medication. Most recently, Philip appeared at trial on preliminary issues on mitigation of damage determined by High Court in Feb 2022 ([2022] EWHC 369 (Ch)) and Court of Appeal in July 2023 ([2023] EWCA Civ 763), as well as in two appeals to the Supreme Court ([2020] UKSC 44 and [2021] UKSC 24) on res judicata and economic tort issue.
• Stellantis v NTN: Philip acted for Stellantis (parent company of Fiat) in cartel damages action in Commercial Court and CAT against the large global manufacturers of automotive bearings, following on from European Commission Decision. The claim was worth in excess of £200 million and formed one component of complex multi-jurisdictional litigation. In particular Philip appeared in the Court of Appeal on an important and novel issue concerning mitigation of loss by supply pass-on: [2022] EWCA Civ 16.
• Heathrow Airport Price control: Philip advised Heathrow airport in respect of its appeal to the CMA against the level of price control set by the CAA.
• Allianz and Others v Deutsche Bank and others: Philip acted for BNP Paribas defending claim arising from alleged FX cartel.

Some notable past cases inlcude:

• Achilles Information Limited v Network Rail: Claim concerning anti-competitive foreclosure of provider of supplier assurance from the rail industry and complex technical issues of health and safety. Philip successfully represented Achilles as leading counsel in the liability trial ([2019] CAT 20), and subsequently as sole counsel in the Court of Appeal ([2020] EWCA Civ 323) and at the subsequent quantum trial ([2022] CAT 9).
• Socrates Limited v Law Society of England and Wales [2017] CAT 10 – successfully acting for the Claimant in an abuse of dominance claim which was the first fast track trial in the CAT.
• Agents Mutual Limited v Gascoigne Halman Limited: Acting for the Defendant on competition issues referred to the CAT, relating to the effect of contractual terms on the market for online property portals.
• EE Limited v Ofcom: Acting for EE in its successful appeal to the Court of Appeal in judicial review proceedings against Ofcom’s decision raising annual licence fees for mobile spectrum and subsequent claim for restitution ([2020] EWCA Civ 183).
• British Telecommunications v Ofcom; Hutchison 3G UK v Ofcom: Acting for BT and EE in their judicial review claim against Ofcom’s decision to impose caps on the award of new mobile spectrum (2.6 and 3.4 GHz), and acting in relation to Hutchison 3G’s parallel judicial review claim.
• British Telecommunications plc v Ofcom; TalkTalk v Ofcom: Acting for TalkTalk in its successful appeal to the CAT against the terms of a price control imposed in Ofcom’s Business Connectivity Market Review (BCMR); acting for TalkTalk, Three, Colt and Vodafone in their intervention in BT’s appeal to the CAT against Ofcom’s BCMR decisions
• British Gas v Ofgem: Appeared for British Gas in CAT appeals and reference to the CMA regarding price controls on electricity distribution.

Philip has undertaken a wide range of public procurement work, particularly in connection with the health and defence sector. He frequently advises and represents both private parties and authorities.

Cases

• Advising prominent defence contractors regarding the restructuring of a very long term, mulit-billion pound contract with the MoD.
• Advising a provider of supply chain finance in relation to the award of a framework contract.
• SITA v Greater Manchester Waste Disposal Authority, [2010] EWHC 680 (Ch); [2010] 2C.M.L.R. 48 (first instance); [2011] EWCA Civ 156; [2011] T.C.L.R. 3 (on appeal), an action for damages under Public Contracts Regulations 2006.
• Acting for an NHS Trust bidding for the provision of mental health services to a local authority;
• Acting for a charity bidding for the provision of homelessness services to a local authority;
• Advising a supplier of liquid foods bidding for the provision of goods to a consortium of NHS Trusts;

Philip is appearing in the Merchant Interchange Fee Umbrella proceedings case which concerns the key issue of whether EU law rights acquired prior to Brexit are to be treated as rights under the EU Withdrawal Act 2018 or as free-standing EU law rights. The issue was decided by the Competition Appeal Tribunal in September 2023 ([2023] CAT 49) and appeal to the Court of Appeal is now pending.

As regards EU consumer protection law, Philip was seconded to the (then) OFT to work on the investigation of unauthorised overdraft bank charges and has advised consumer regulatory authorities on enforcement work, including Retirement Home Exit Fees. He has regularly advises private parties in connection with the application of EUderived consumer legislation, in particular in the telecoms and finance sectors. Clients have included a major mobile network operator, airlines, exam boards and commercial training providers.

Philip historically advised and appeared on a full range of EU law issues, including free movement (judicial review and High Court damages action concerning the movement of live animals), advising or acting in relation to a criminal prosecution for breach of intellectual property rights and the Video Recordings Act 1984; the supply of biomass for electricity generation; and the operation of television broadcasting legislation.

He has also undertaken a wide range of other work with an EC law dimension, including agriculture, freedom of establishment and free movement of persons.

Cases

Philip also advises and appears in general commercial litigation.

Cases

• Acting for sporting body in dispute with sponsor in a claim for breach of contract;
• Appearing for sporting body in arbitration concerning alleged age discrimination and breach of contract;
• Advising online retailer on economic tort claims arising from delisting from online marketplaces;
• Acting for NHS Trusts defending claim for breach of contract with communications services provider;Acting for mobile network operator in debt recovery.
• Infinity Distribution Ltd (In Administration) v Revenue and Customs Commissioners [2010] EWHC 1393 (Ch); [2010] S.T.C. 2258: appeared in High Court for HMRC in debt claim on preliminary issue concerning rights of set off.

Philip has appeared in both the First-Tier and Upper Tribunals and the Court of Appeal in relation to VAT matters, and previously appeared in the VAT & Duties Tribunal and Chancery Division. He advises on VAT, customs and excise duties issues, particularly where there is a need for specialist EU or human rights expertise.

Cases

• Grattan PLC v HMRC [2009] STC 882, [2011] UKFTT 31 (TC) (ongoing): appeared for HMRC in Tribunal case on availability of compound interest under s 78 VATA 1994
• FJ Chalke Ltd v Revenue and Customs Commissioners [2009] EWHC 952 (Ch), [2009]S.T.C. 2027; [2010] EWCA Civ 313, [2010] S.T.C. 1640: case concerning right to compound interest in EU law.
• John Wilkins (Motor Engineers) Ltd v Revenue and Customs Commissioners [2009] UKUT 175 (TCC); [2009] S.T.C. 2485 (first instance); [2010] EWCA Civ 923; [2010] S.T.C. 2418(appeal on time point); [2011] EWCA Civ 429 (application for reference to ECJ) (ongoing): Appeared for HMRC in leading Tribunal case and further appeals on availability of compound interest under s 78 VATA 1994
• Blackburn v HMRC: Appeal relating to the religious exemption from the obligation to file VAT returns online and rights under Article 8 ECHR.
• Bishop and others v HMRC: Appeal relating to compatibility of online filing with taxpayer’s human rights under Articles 8, 14 and Article 1 Protocol 1 ECHR.
• HMRC v Checkprice (UK) Limited (In Administration): appeared for Defendant in condemnation proceedings in magistrates court in relation to commercial quantities of alcoholic beverages.
• Representing a major charity in partial exemption appeal.

Competition Law: “He is a real team player, extremely intelligent and knows the law backwards, which is great with competition law.” “Philip is an outstanding senior junior capable of leading even the most difficult cases and winning against the odds.” – Chambers UK, 2024

Telecommunications: “Pleasant, knowledgeable, good to share ideas with and very personable.” “Philip is hard-working, always across the detail and a big thinker. From the instructing solicitor’s point of view, he is very easy to work with and challenging in a good way as he tests our thinking and helps hone our arguments.” – Chambers UK, 2024

Leading junior in Telecoms (Regulatory) – Legal 500, 2024

Leading junior in Competition: “Philip is an outstanding case leader – a strategist, a strong advocate and an engaged team player. He works extremely hard and has an excellent eye for detail, but is also confident and accomplished on his feet and is a devastating cross-examiner.” – Legal 500, 2024

Competition Law: “He’s sensible and drafts very well. His advocacy is very good, and he clearly has that element of trustworthiness that judges like. He will be right at the top of the profession in due course.” – Chambers UK and Chambers Global, 2023

Telecommunications: “Philip Woolfe is extremely bright.” – Chambers UK, 2023

Leading junior in Telecoms (Regulatory) – Legal 500, 2023

Leading junior in Competition – Legal 500, 2023

“Excels as counsel in EU competition and telecommunications disputes, with sources praising his adept handling of large-scale cases.” – Competition, Who’s Who Legal UK Bar 2022

Competition Law: “Cuts through issues very quickly and has the confidence and helpful advice on how to deal with the situation.” “He is so smart and writes very well.” – Chambers UK and Chambers Global, 2022

Telecommunications: “He is a terrific barrister and a rock-solid telecoms expert.” “He rolled up his sleeves and was super helpful.” – Chambers UK, 2022

Leading junior in IT and Telecoms (Regulatory) – Legal 500, 2022

Leading junior in Competition: “Philip is an outstanding senior junior, more than capable of leading on a substantive case. His advice is commercial and practical, he is user-friendly and a team player, and he is a confident performer on his feet.” – Legal 500, 2022

Competition Law: “He is fantastic on the detail and on his feet, and has the gravitas required to hold a court or tribunal’s attention.” “He knows what arguments will work well with the judge and gets to grips with a case to see exactly how it should be handled.” – Chambers UK and Chambers Global, 2021

Telecommunications: “A very quick advocate. who knows the law inside out, and adopts new approaches. He’s responsive, good to work with, and excellent on the technical details.” – Chambers UK, 2021

Leading junior in IT and Telecoms (Regulatory): ‘Makes the most complex of issues easily understandable. One of the most user-friendly barristers around – engaging, bright and practical. Very responsive.’ – Legal 500, 2021

Leading junior in Competition: ‘A star senior junior counsel, renowned for taking on David v Goliath cases and winning against more decorated and senior opponents. Has a mastery of detail and is committed to the client’s cause – leaving no stone unturned. Outstanding work ethic and never found wanting.’ – Legal 500, 2021

Competition Law: “His critical thinking is superb.” “He turns things around quickly, is on top of all of the detail in cases and has good instincts about the right approach to take.” “His direct and clear approach plays well.” – Chambers UK and Chambers Global, 2020

Telecommunications: “Exceptionally bright and incredibly unassuming, he works very hard.” “Certainly knows his stuff and has specialist knowledge of the telecoms area.” – Chambers UK, 2020

Leading junior in Competition: ‘A combative advocate who fights the client’s corner.’ – Legal 500, 2020

Competition Law: “Has very good judgement as to how to approach things and what will play well in court.” – Chambers UK and Chambers Global, 2019

Telecommunications: “He is very accessible and it is great to work with him.” “He is personable and good to get on with.” – Chambers UK, 2019

Leading junior in Competition: ‘Experienced, calm, and very thorough. He is also thoroughly decent and conscientious.’ – Legal 500, 2018

Competition Law: “He is user-friendly, easy to work with and a great team player with a very good understanding of the law.” – Chambers UK, 2018

Telecommunications: “He has excellent intuition in terms of how to play things tactically.” – Chambers UK, 2018

Leading junior in Competition: ‘‘He knows each case inside out and knows what is going to play well with the judge.’’ – Legal 500, 2017

Competition Law: “He is excellent, turns work around very quickly and is on top of all the detail.” – Chambers UK, 2017

Telecommunications: “An absolutely fantastic junior who is extremely bright and knowledgeable about telecoms. He works well with a range of QCs.” “He’s very energetic and turns the paperwork around very quickly.” – Chambers UK, 2017

Competition Law: “He is very helpful on procurement issues.” – Chambers UK & Chambers Global, 2016

Telecommunications: “He has a really good, softly spoken manner which belies his forceful arguments that can be really effective. He’s also quite a considered advocate and people really listen to him.” “Has a great work ethic and is very hands-on.” –  Chambers UK, 2016

Competition Law: “His advocacy is good, and he has the ability to see through a problem and find a way to solve it.” – Chambers UK, 2015

Telecommunications: “He has extremely strong knowledge of telecoms, and can give concise advice very quickly.”  – Chambers UK, 2015

Philip Woolfe is listed as an up & coming Junior in Competition Law: Involved in some high-profile damages claims and abuse of dominance cases, he has recently been doing significant work within the pharmaceutical sector. He is also recognised for his additional expertise in telecoms. “Provides very clear advice and drafting,” he is “highly responsive and extremely clever.” Chambers UK, 2014

“Philip Woolfe is quickly gaining a strong foothold in the competition law market. Sources comment that “he belies his years in terms of knowledge and experience,” and confirm that he is a “very sharp, affable and dedicated person.” His recent work includes NHS v Reckitt Benckiser, a matter in which the NHS is claiming damages against Reckitt Benckiser following on from the OFT decision to fine the company over its Gaviscon supply policy.” Chambers UK, 2013

• 2004-2005 BCL, Oxford University
• 2003-2004 BVC at ICSL, Very Competent
• 2003 Thomas More Scholar, Lincoln’s Inn
• 2003 Oxford University Wronker Prize for Best Performance in Jurisprudence
• 2001-2003 BA (Hons) in Law, Brasenose College, Oxford, First Class
• 1998-2001 BA (Hons) in History, Peterhouse, Cambridge
• 2000 Senior Lady Margaret Ward Scholar, History, Peterhouse

Languages

Philip speaks French, German and Italian.

Professional Memberships

Philip is a member of COMBAR, Competition Law Association, Bar European Group and Procurement Lawyers’ Association.

Philip was called to the Bar of Ireland in September 2021.