Members of Monckton Chambers have considerable experience of advising and litigating in retail sector cases. Some members have an intimate knowledge of particular retail markets as a result of having advised clients operating in those markets over several years. Examples of such markets include supermarkets, clothing, mobile phones, pharmacies and opticians.
In the field of competition law members of Monckton Chambers have both advised on and been involved in litigation relating to: (i) merger inquiries and market investigations requiring assessments of the scope of local retail markets and consideration of the effectiveness of competition within those markets; and (ii) the compatibility with Chapters 1 and 2 of the Competition Act and/or Articles 81 and 82 EC of distribution agreements and alleged price fixing, market sharing or refusal to supply practices concerning retail products.
In the field of VAT, members have been involved in advisory work and litigation concerning the VAT treatment of retail products, loyalty cards and promotional vouchers.
Retailers must ensure that their contracts are compatible with UK and EU consumer law, and are often subject to investigations by the Consumer law branch of the Office of Fair Trading. More general issues of commercial, public and EU law also arise in the retail sector, and members have a long history of involvement. For example, members of Monckton Chambers were involved in the extensive litigation concerning the Sunday trading laws during the 1980s and 90s.