EU, competition & trade
Competition law is a complex and rapidly changing area affecting most aspects of business and trade.
Whether you are buying a company, implementing pricing and supply policies, or agreeing a distribution strategy, we can ensure you comply with the rules. Penalties for non-compliance can be severe, and can include substantial fines, exposure to private damages claims and even custodial sentences.
The EU public procurement rules are becoming an increasingly important area of competition law. The important rights, which the rules provide for companies bidding for large public contracts, need to be fully safeguarded. We frequently advise clients from all industries on the application of the rules, ensuring that their bids are treated fairly and equally and are properly judged on their merits. Failure to comply with the law can result in contract set-aside, we also advise on whether or not a proposed deal with a public body is at risk.
Our competition team is headed by market leading competition lawyer Robert Bell. He brings over 25 years of experience and a proven track record in advising companies in the high technology, media, financial services, construction and engineering and hospitality sectors on all aspects of competition law, public procurement and merger control issues.
The team works with both domestic and international companies, particularly in the high-tech sector. We support clients across a whole spectrum of competition and procurement law issues, from routine compliance matters through to complex mergers, industry-wide competition investigations or questions related to State aid and international trade regulation.
Whilst competition law can raise complex issues, we are committed to the provision of clear, commercial, no-nonsense advice in a timely and effective manner.
Recent examples of our competition and public procurement work include:
- advising a global technology provider on the EU competition law aspects of its hardware and software support policies and its Europe-wide distribution agreements
- obtaining merger clearance from the Office of Fair Trading (OFT) for a major media group’s acquisition of an environmental consultancy business
- advising a major multinational construction group on its acquisition of a leading UK competitor and obtaining clearance under the EU Merger Regulation
- acting for an international hotel chain in relation to the OFT inquiry into hotel online booking under the Competition Act 1998
- representing a world leading engineering and design consultancy in setting aside the award of a major engineering contract by a major utilities company under the EU public procurement rules
- successfully challenging a police authority’s award of a major telecom-related contract on the grounds of non-compliance with EU public procurement law. This resulted in a re-run of the tender process in which our client had been unfairly prejudiced
- advising a major property company in relation to the enforceability of an exclusivity covenant in an anchor tenant lease for a shopping mall under the Competition Act 1998.