Competition (antitrust) investigations and complaints
- Cartel and other competition proceedings
We guide businesses through investigations by competition and regulatory authorities. We also advise on whistle-blowing and applications for leniency from fines.
Our experience in this field includes:
- advising a US corporation in an investigation by the European Commission for alleged price-fixing in the textile industry
- advising in an investigation by the European Commission for alleged price-fixing and quota-fixing in the industrial packaging industry
- advising in an investigation of the European Commission for alleged price-fixing and quota- fixing in the autocopy paper industry (on appeal before the CFI)
- successfully defending Avaya against the first CA 1998 investigation by Oftel, involving an allegation of abuse of dominance in a market for IT/telecoms interfaces
- a successful complaint to the European Commission concerning the exclusionary practices of a telecoms incumbent in an EU member state and the protective attitude of the national telecoms regulator concerned, involving issues of interconnection, satellite uplinking authorisation and service provision. One novel aspect of the case was persuading the Commission for the first time that it has power to order interim measures in cases involving anti-competitive practices promoted by Member States
- advising a complainant in the Volbroker notification of a B-2-B exchange for online foreign currency trading; our representations resulted in the adoption by the Commission of what are now its standard guidelines for the separation of shareholders from management in such exchanges
- advising a UK undertaking on a major investigation by the OFT, including an application for leniency
- advising a UK company on its complaint to the OFT concerning predatory pricing, margin squeeze, discriminatory pricing and bundling of a dominant supplier
- advising several companies in the live entertainment sector with regard to an abuse of a dominant position by suspension of deliveries and on the filing of a complaint with the German Federal Cartel Office
- advising a leading automobile company on a sector investigation by the OFT into new car warranties.
- Replying to RFIs (requests for information)
Frequent requests for information (RFIs) from competition authorities represent a significant burden on many businesses. In many cases, a customer or competitor will have no strong views on the issues on which it is consulted, but is nevertheless required, on pain of penalties, to provide detailed information.
We can assist in compiling and presenting such information with the minimum fuss and the appropriate emphasis. In cases like these, it is important to ensure that information is provided in such a way that it cannot be used against the business in a future investigation. Recent examples include:
- advising a major consumer products manufacturer on its response to the OFT's investigation of a proposed strategic alliance
- advising trade associations and their members on their response to formal requests by the European Commission with regard to its investigations in the pharmaceutical industry
- advising a well-known US author and his literary agent on a response to a request by the European Commission with regard to a proposed acquisition in the publishing sector
- advising a state-owned lottery on its response to a request by the Bundeskartellamt in a merger case.