Competition Law and Regulation

Email: PracticeStaff_TeamX@matrixlaw.co.uk

The Matrix Competition Law and Regulation team, led by Rhodri Thompson QC, is a leading set in competition law and economic regulation. It offers not only dedicated specialist knowledge but also unique cross-disciplinary expertise.
 
Members of the team have very wide experience in all aspects of competition law and in related areas, including EU law, economics, judicial review and criminal law. Several have worked for the main regulatory bodies, including the European Commission, the OFT, the Competition Commission and, the Competition Appeal Tribunal (CAT) and all regularly act both for and against the public agencies.
 
Matrix offers a unique combination of civil and criminal advice and advocacy. In the first criminal cartel prosecution to go to trial in the United Kingdom, Clare Montgomery QC and Ben Emmerson QC represented two directors of BA. 
 
Specialist areas include:
• Antitrust (Article 101/Chapter I prohibition and Article 102/Chapter II prohibition, Article 106)
• Conduct of investigations before the European Commission, OFT and sectoral regulators
• Challenges to "dawn raids" and other investigatory powers
• Applications for leniency and negotiating early resolution
• Appeals and judicial review in the CAT and Court of Appeal
• Actions for damages and injunctions in the High Court or CAT
• Criminal prosecutions arising out of cartel behaviour
• Sectoral regulatory regimes, including telecommunications, water, post, energy and rail, ferry and air transport
• Merger inquiries and sectoral investigations by the OFT, CC and European Commission
• Public procurement
• State aid
• Anti-dumping and other EU trade measures.
  
Notable pending or recent cases include:
Cooperative Group Ltd v Office of Fair Trading [2011] CAT 41 (successful appeal before the CAT against OFT’s Tobacco prohibition decision)
 
Stagecoach v Competition Commission [2010] CAT 14 (successful application for review of CC merger decision on ground of Wednesbury unreasonableness)
 
GKL v BAA and CAA [2010] EWHC 1348 (Admin) (judicial review concerning detention of aircraft to recover outstanding charges)
 
The Number (UK) and Conduit Enterprises v OFCOM (CAT and CA, Article 267 TFEU reference to ECJ pending)
 
Sol Construction Limited v OFT and North Midland Construction v OFT [2011] CAT 7 and [2011] CAT 14 (successful appeals on liability and penalty against the OFT’s Construction bid-rigging decision)
 
R (Stagecoach and Go Ahead) v Secretary of State for Transport (State aid in the transport sector)
 
Albion Water v Water Services Regulation Authority (CAT) and Dwr Cymru v Albion Water (CA) (abuse of dominance in the water industry, CAT/CA 2004-2009) 
 
Singapore Airlines v Commission and MasterCard v Commission (both pending in the General Court (ex CFI))
 
R (GNER) v Office of the Rail Regulator (allegations of State aid in the UK rail industry, Admin Court 2006)
 
Members of Matrix are also involved in a number of ongoing or recent OFT and EC Commission investigations, including Dairy, Groceries and Scottish Milk, the CC investigation into telecoms charges, the Local Bus services and Pay TV market investigations, and a number of investigations into suspected criminal cartel activity. 
  
 
Notable publications include:
Bellamy and Child’s European Community Law of Competition (6th ed, 2008) (chapter on abuse of a dominant position co-authored by Rhodri Thompson QC and John O’Flaherty; energy and post sections of the sectoral regulation chapter authored by Christopher Brown)
 
Montgomery and Ormerod's Fraud (OUP looseleaf) (Clare Montgomery QC is the joint editor and Rhodri Thompson QC contributes the chapter on the cartel offence)
 
O’Kane's The Law of Criminal Cartels (Jessica Simor and John O’Flaherty contribute the chapter on Civil Cartel Investigations in the UK)   
 
EU Competition Law: Procedures and Remedies (Richmond Press, 2006) (co-authored by Christopher Brown)
 
The Competition Law Journal (Jordan Press) (co-edited by Christopher Brown)
 
Recommendations
Chambers & Partners 2012 recommend Rhodri Thompson QC as a leading silk in Competition/European Law. Jessica Simor and Christopher Brown are recommended as a leading juniors.  
 
Legal 500 2011 recommend Rhodri Thompson QC as a leading silk in this area. Jessica Simor, Eleni Mitrophanous and Christopher Brown are highly recommended as a leading juniors in EU and Competition Law.
 
Members of the Competition Law and Regulation team are listed below. In addition to these, members of the Crime and Regulatory Group, including in particular Alex Bailin QC, Ben Emmerson QC, Julian Knowles QC, Lord Ken MacDonald QC and Clare Montgomery QC have specific related expertise.

For further information and a full list of notable cases, download the brochure by clicking the 'downloads' tab below.