Competition

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Chambers & Partners

Fountain Court Chambers has established a leading competition law practice, with members instructed in the most significant competition disputes and investigations before the UK courts and regulatory authorities.

Our members combine first-rate competition expertise with the commercial litigation strength for which Fountain Court is known. They are adept at handling complex economic evidence, engaging with sophisticated econometric analysis, and delivering persuasive advocacy in technically demanding cases before specialist tribunals and appellate courts.

Our reputation for top-quality advocacy, particularly in large-scale, multi-party, multi-jurisdiction litigation, has resulted in members playing a central role in a significant number of follow-on actions arising from cartel or similar decisions. We have cross-sector experience, in industries including aviation and travel, banking, financial services and technology.

We have advised on behavioural antitrust investigations by both the Competition and Markets Authority and the European Commission, on questions of both UK and EU law. Members have played a central role in many long‑running competition matters, including those relating to FX, LIBOR and bank charges, and have extensive experience acting for regulators, corporates and industry participants. This includes acting for the Civil Aviation Authority and major airlines in competition cases concerning state protection of non‑profitable air routes and in the context of mergers.

Our work includes cases relating to:

  • Advisory work relating to investigations into allegedly anti-competitive behaviour
  • Follow-on claims based on findings of anti-competitive behaviour
  • Public procurement
  • Standalone and other commercial claims relating to breaches of competition law
  • State-aid and subsidiaries (members have advised both public authorities and private recipients of aid)

    • Various v Barclays Bank & Others: Advising defendant banks in potential “class action” collective proceedings before the Competition Appeal Tribunal, sought to be brought on behalf of a wide class of persons who entered into certain types of FX transactions with the defendant banking groups. The various proceedings are some of the first collective actions to be brought since changes were made to the Competition Act 1998 by the Consumer Rights Act 2015.
    • Paccar Inc & Others v Road Haulage Association Ltd & Another (Association of Litigation Funders of England & Wales intervening: Acting for the DAF Truck parties in an appeal from the Competition Appeal Tribunal concerning the validity of the litigation funding agreements used in the claim. The case arose out of follow-on damages claims brought by the Road Haulage Association on the basis of the European Commission’s decision that five major European truck manufacturing groups had carried out a single continuous infringement of Article 101 of the Treaty on the Functioning of the European Union, by exchanging information on their future gross prices.
    • Deutsche Bank v Unitech: Representing a syndicate of lenders in high-profile proceedings against an Indian property development company about whether the mechanism for the setting of LIBOR involved an unlawful information exchange between banks for the purposes of European and UK competition law.
    • Team Y&R Holdings Hong Kong Ltd v Ghossoub: Acting in relation to an antisuit injunction regarding the sale of a business and an unfair prejudice petition.
    • The Office of Fair Trading v Abbey National & Others: Acting for various parties in the long-running competition and banking dispute, heard in the Supreme Court, concerning the legality of bank charges. Members of Fountain Court acted for the OFT, Barclays Bank, Lloyds TSB, HSBC and HBOS.
    • Deutsche Bahn AG v Morgan Crucible: Acting in a dispute relating to the application of limitation periods under section 47A of the Competition Act 1998.
    • GMI Construction Holdings Plc v OFT; AH Willis & Sons Ltd v OFT; North Midland Construction Plc v OFT: Acting in three appeals arising out of the decision of the OFT regarding cover pricing in the construction industry.
    • British Telecommunications Plc v OFCOM: Acting in an appeal of a decision from OFCOM under the dispute resolution process under the Communications Act 2003 regarding the nature and effect of certain 'significant market power' conditions imposed on BT.
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    Competition Barristers

    David Railton QC

    David Railton KC

    Call 1979 | Silk 1996

    Charles Bear QC

    Charles Béar KC

    Call 1986 | Silk 2003

    Mark Simpson QC

    Mark Simpson KC

    Call 1992 | Silk 2008

    Richard Handyside QC

    Richard Handyside KC

    Call 1993 | Silk 2009

    Derrick Dale KC

    Call 1990 | Silk 2010

    Akhil Shah QC

    Akhil Shah KC

    Call 1990 | Silk 2010

    Clare Sibson KC

    Call 1997 | Silk 2016

    Rosalind Phelps QC

    Rosalind Phelps KC

    Call 1998 | Silk 2016

    Ben Lynch QC

    Ben Lynch KC

    Call 2001 | Silk 2020

    Alexander Milner QC

    Alexander Milner KC

    Call 2006 | Silk 2022

    Simon Atrill

    Simon Atrill KC

    Call 2005 | Silk 2023

    Richard Power KC

    Call 2007 | Silk 2026

    Tetyana Nesterchuk

    Call 2011

    Niamh Cleary

    Niamh Cleary

    Call 2012

    Alexandra Whelan

    Alexandra Whelan

    Call 2016

    Gillian Hughes

    Gillian Hughes

    Call 2018

    Francesca Ruddy

    Call 2020

    Daniel Schwennicke

    Daniel Schwennicke

    Call 2020

    Hannah Bernstein

    Hannah Bernstein

    Call 2020

    Ian Simester

    Call 2022

    Tiffany Tang

    Call 2022

    Leah Gardner

    Call 2022

    Victoria Green

    Call 2022

    Brian Doctor QC

    Brian Doctor KC

    Call 1991 | Silk 1999

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    Contact our clerks

    For more information on our experience or to discuss a particular case, please contact us.

    Call:    +44 (0)207 583 3335
    Email: clerks@fountaincourt.co.uk

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