Competition disputes
Failure to comply with the competition rules can result in substantial claims for damages; likewise, carefully negotiated agreements can in practice prove unenforceable. Similar considerations can apply to projects subject to the EC public procurement regime; equally importantly, the arbitrary exercise of power, whether by the European Commission, member states or other businesses, can have a profound impact on businesses.
In this context, the offensive and defensive use of EC regulations in cases before courts and arbitrators is an increasing focus of our work.
Our experience in this field includes:
- advising the National Farmers' Union (NFU) in its action against the French government for failing to lift the ban on British beef; the French Conseil d'Etat referred a number of questions to the European Court of Justice which accepted the NFU's arguments and ruled against the French government
- advising Floe Telecom on its action before the UK Competition Appeal Tribunal against Ofcom, in a case raising a number of important points of substance and procedure
- representing trade associations and their members in proceedings before the European Court of Justice and national courts in relation to parallel imports
- advising the blood donation division of the German Red Cross in litigation before the German courts concerning an alleged abuse of a dominant position
- advising a radio station in proceedings concerning the discriminatory behaviour of a dominant firm marketing airtime for radio advertising
- advising a public utility company in litigation concerning the effectiveness of energy supply agreements and the abusive behaviour of a dominant supplier
- representing a company in the media sector in litigation before the German courts in connection with a claim for access to a distribution system.