slaughter and may the competition group · eu merger contr ol/joint ventures ... • acting for...

“Simply ‘outstanding’. Clients are uniformly impressed by the firm’s ‘gold-class’ service, intellect, results, and high-

quality associates.”

THE LEGAL 500, 2010

Det

ail f

rom

Sea

Hoo

k by

Trev

or B

ell

slaughter and may

The Competition GroupSEPTEMBER 2010

Contents

Slaughter and May Competition Group 01

Mergers Practice 02

Antitrust Practice 05

Competition Litigation 08

Sectoral Regulation 10

State Aid 11

International Strategy and Global Reach 12

Profiles 15

SLAUGHTER AND MAY 01

Slaughter and May Competition Group

The Slaughter and May Competition Group is one of the world’s leading competition and regulatory practices. Established in 1970, it has an outstanding reputation advising on competition and regulatory law. The Group has consistently been ranked as an elite practice by the legal directories, with individual partners singled out as leaders in their field.

The practice is headed by eight partners (based in London and Brussels), and a special adviser on sectoral regulation. The Group comprises about 50 lawyers based in London, Brussels and China who are all specialists in competition and sectoral regulation. The lawyers across the offices function as an integrated team. In addition, the Group has developed close working relationships with the competition practices of leading international firms in other major jurisdictions (see International Strategy and Global Reach on page 12).

“Slaughter and May is simply ‘outstanding’. Clients are uniformly impressed by the firm’s ‘gold-class service, intellect, results and high-quality associates’.”

LEGAL 500, 2010

“Clients praise the magic circle firm’s combination of comprehensive competition expertise and practical business sense.”

CHAMbERS GLobAL, 2009

“The lawyers make sure no stone remains unturned and they have a terrific practical approach and are extremely responsive.”

CHAMbERS EURopE, 2009

“‘They are very helpful and their service is excellent’, says one client. ‘They have an outstanding quality and always know how to deal with our questions within a

reasonable amount of time. I never waste any minute with them’.”

IFLR 1000, 2010

SLAUGHTER AND MAY02

Mergers practice

The Group has one of Europe’s leading practices, advising on the competition and regulatory aspects of acquisitions, mergers and joint ventures. It sees a continuous throughput and critical mass of the type of work that allows expertise and excellence to be maintained and developed in this field.

The Group is continuously involved in EU Merger Regulation (EUMR) case work. This includes a substantial proportion of the more challenging Phase II “serious doubts” cases and Phase I cases settled by commitments.

For many years the Group has had one of the leading UK merger control practices and has had major involvement in a significant number of the mergers subjected to detailed scrutiny by the Competition Commission, the second stage inquiry body.

The Group has also been active in many cross-border mergers below the EUMR thresholds, coordinating local merger filings through the firm’s “best friend” competition specialists.

“With ‘excellent responsiveness and simply magnificent competition experience,’ this group is particularly strong in merger control and contentious matters.”


“The firm remains heavily involved in the standout merger control cases, as well as representing numerous blue-chip clients in major cartel cases and market investigations.”

LEGAL 500, 2010

“one rival partner says ‘I saw them a lot this year. It’s an amazing transactional anti-trust firm, with a superb quality’.”

IFLR 1000, 2010


EU MERGER CoNTRoL/joINT vENTURESRecent examples of high profile cases include:

• Acting for Unilever on its offer to acquire the worldwide body care and European detergents businesses of Sara Lee Corporation for €1.275 billion in cash (a Phase II merger review).

• Advising BHP Billiton in relation to the EU competition law aspects of its proposed production joint venture with Rio Tinto in relation to both parties’ Western Australian iron ore assets. The joint venture is being considered under Article 101 TFEU.

• Acting for British Airways in relation to its transatlantic “metal neutral” alliance with American Airlines and Iberia. As airline ownership restrictions mean that European carriers are unable to merge with their US counterparts, this transaction has also been examined under Article 101 TFEU. Also acting for British Airways in its merger with Iberia, approved under the EUMR.

• Acting for Cadbury, one of the world’s largest confectionery businesses, on the competition aspects of its takeover by Kraft Foods.

• Acting for Bertelsmann in relation to the Sony BMG joint venture (combining the recorded music businesses of Sony and Bertelsmann). The initial approval of the joint venture was annulled by the General Court in 2006 and the Commission conducted an in-depth re-assessment of the merger. Both notifications received unconditional clearance at Phase II.

UK MERGER CoNTRoLRecent examples of high profile UK mergers include:

• Acting for Asda on its proposed acquisition of Netto Foodstores from Dansk Supermarked.

• Acting for Travis Perkins on its acquisition of the BSS Group, creating the leading plumbing and heating trade and retail distribution business in the UK.

• Acting for Global Radio on its completed acquisition of GCap Media, a merger which has created the largest radio group in the UK. The case was the first in which the OFT used efficiencies evidence to clear concerns identified in a horizontal merger case between competitors.

• Acting for Carillion in relation to its offer to acquire Alfred McAlpine. The combination of the two companies has created one of the largest support services and construction companies in the UK.

• Advising Noble Foods on the Competition Commission’s inquiry into the supply of shell and processed eggs in the UK.

SLAUGHTER AND MAY04

CRoSS-boRDER CASESThe Group is often responsible for leading and coordinating the antitrust strategy and process in cases involving merger filings in many different jurisdictions. All of its lawyers are accustomed to working in liaison with lawyers in other jurisdictions to ensure that each client benefits from a fully-integrated and seamless international service of the highest quality.

For these purposes the Group has developed close working relationships with leading independent law firms in major jurisdictions. This means that clients have access to leading competition specialists around the globe, providing the best combination of local expertise and experience for the transaction, taking into account any existing preferences the client may have.

Slaughter and May’s track record demonstrates the success of this approach, advising on global deals such as Akzo Nobel/ICI, BAE Systems/United Defense, Europcar/Vanguard, First Reserve/Abbot, GSK/Pfizer, Millipore/Serologicals, Reuters/CME, Santander/Alliance & Leicester, Sony/BMG, Emerson/Chloride Group, BHP Billiton/Rinto Tinto, and Prudential/AIG.

“The group can rely on its ‘best friends’ network for support on multi-jurisdictional files, an advantage that is highly appreciated by clients and universally acknowledged by peers.”



Antitrust practice

The Group has a highly-respected, wide-ranging antitrust practice. It is standing antitrust counsel for a number of high-profile clients such as British Airways, Centrica, Electrolux, Ericsson, GlaxoSmithKline, INEOS, Ordnance Survey, Royal Mail, Thomas Cook, Unilever, United Utilities, Walmart/Asda and YTL.

The Group is accustomed to acting, both for complainants and for defendants, in respect of complaints before the European Commission, UK competition authorities and other competition authorities worldwide. In particular, it has expertise in advising a wide range of clients on cartel investigations and coordinating such cases across different jurisdictions.

The Group also advises on a regular basis on other antitrust matters, including commercial agreements and dominance cases. This includes advice on pricing (especially by companies with strong market positions), distribution, licensing and supply agreements, and on establishing and maintaining antitrust compliance programmes.

“Slaughter and May is applauded for its hugely responsive and well-connected practice in this sector. It particularly impresses with its work in merger control and contentious matters,

with the London-brussels axis important in the firm network.”


“Even with its ‘premium rates’, clients regard the team as ‘value for money’ given the ‘business benefits’.”

LEGAL 500, 2010

“A team that remains ‘top of the tree’. With its ‘truly exceptional’ partners and ‘outstanding’ associates, ‘there is no weak link’.”

LEGAL 500, 2009

SLAUGHTER AND MAY06

CARTELSThe Group has been involved in many of the leading investigations before both the European Commission and the OFT under Article 101 TFEU and Chapter I Competition Act 1998 respectively and has developed a substantial practice advising on these provisions. Recent disclosable examples of high profile cases include:

• Advising British Airways in relation to the European Commission’s investigation into alleged cartel activity involving a number of airlines and cargo operators active in the provision of air freight services.

• Advising British Airways in relation to the OFT’s criminal and civil investigations into alleged cartel activity involving passenger fuel surcharges on long-haul flights. Advising on the settlement of the civil investigation with the OFT.

• Advising Japan Tobacco (Gallaher) on the OFT’s investigation into the retail pricing of tobacco products including Gallaher’s participation in early resolution agreements.

• Advising Fuji in relation to the European Commission’s investigation into alleged cartel activity in power transformers and a related leniency application which secured a 40% reduction in the fine.

• Advising Zeon in relation to the European Commission’s cartel investigation into nitrile butadiene rubber, achieving a major reduction in the duration of the period for which Zeon was fined, in addition to a 30% reduction in the fine as a result of cooperation with the Commission under its leniency programme.

• Advising Asda on the OFT investigation into the supply of dairy products in the UK.

• Advising Carillion in relation to the OFT’s investigation into the construction sector in England, including an application for leniency – the OFT’s investigation involved the former Mowlem business which Carillion acquired in February 2006.

AbUSE oF DoMINANCEThe Group frequently advises clients with strong market positions on the application of the abuse of dominance provisions to their commercial behaviour. Although competition authority investigations relating to Article 102 TFEU/Chapter II Competition Act 1998 are relatively infrequent compared to those investigating cartels, recent disclosable examples of this type of work include:

• Advising Ericsson on its Article 102 complaint to the European Commission (and other national competition authorities worldwide) regarding alleged anti-competitive conduct by Qualcomm in relation to licensing of Qualcomm’s essential patents for 3G mobile technology.


SECToRAL INqUIRIES/MARKET INvESTIGATIoNSThe Group has good experience in the few sectoral inquiries conducted by the European Commission and major involvement in many market investigations conducted by the Competition Commission and pre-reference market studies by the OFT. Recent work includes:

• Advising JC Decaux UK in relation to the OFT’s market study of outdoor advertising.

• Advising Asda on the Competition Commission’s market inquiry into the groceries market and its resulting consultation on a proposed Groceries Supply Code of Practice and Controlled Land Order (dealing with restrictive covenants and exclusivity arrangements in property transactions by supermarkets).

• Advising Punch Taverns on a “super complaint” made to the OFT by the Campaign for Real Ale (CAMRA) relating to the supply of beer in pubs, and the subsequent appeal by CAMRA to the Competition Appeal Tribunal (CAT) and the OFT’s resulting consultation.

• Advising GlaxoSmithKline in relation to the pharmaceutical sector inquiry conducted by the European Commission.

• Acting for British Airways as an interested third party on the Competition Commission market investigation into the supply of airport services by BAA within the UK.

SLAUGHTER AND MAY08

Competition Litigation

The Group has extensive experience in appeals against decisions of competition and regulatory authorities. It is at the cutting edge of the current increase in private actions based on competition law and has acted in ground-breaking competition litigation before the UK and European courts, as well as coordinating cross-border antitrust litigation strategies.

The Group has acted for various clients (including US and Asian clients) in appeals to the General Court arising out of European Commission decisions imposing fines in cartel cases. These have raised a number of novel legal and procedural issues, including that of parental liability for activities of subsidiaries and joint ventures. It is currently advising various clients in relation to class actions arising out of European cartel proceedings.

Complex litigation of this kind requires first class litigation and dispute resolution skills as well as cutting edge competition law and economics expertise. In conjunction with the firm’s Dispute Resolution practice, a team of cross-disciplinary specialists spearheads this work as the Competition Litigation Group.

Working with lawyers from the firm’s Intellectual Property practice, the Group has recently also played an innovative role in developing competition law defences to patent infringement actions in the UK courts.

“The London team handles domestic and cross-border commercial litigation, international arbitration and ADR, and offers risk management advice, as well as handling investigations

and inquiries, with its long-established ‘best friends’ network further extending its international capacity.”

CHAMbERS UK, 2009

“‘I sleep better at night when I know Slaughters is involved’, said one client of this strong litigation firm which has the staffing and experience to tackle high-profile, multi-jurisdictional

‘bet the company’ cases.”

CHAMbERS UK, 2009

of the firm’s Dispute Resolution practice: “Small but perfectly formed, this is a team of effortless superiority.”

CHAMbERS EURopE, 2010; CHAMbERS GLobAL, 2010


ExpERIENCE bEFoRE THE EURopEAN CoURTS • Advising Bertelsmann in its successful joint appeal (with Sony Corporation of America) to the ECJ of the

General Court’s judgment in Impala v Commission annulling the European Commission’s clearance of the Sony BMG recorded music joint venture.

• Advising MyTravel on its damages claim to the ECJ against the European Commission’s decision prohibiting its acquisition of the tour operator First Choice. The Group also represented MyTravel (then Airtours) in the original merger case and in the successful appeal against the Phase II prohibition decision (which was annulled by the General Court).

• Advising DuPont on its appeal to the General Court against the European Commission’s decision holding a joint venture and its two parent companies liable for cartel activity on the chloroprene rubber market.

• Advising Fuji on its appeal to the General Court against the Commission’s infringement decision following an Article 101 investigation into Gas Insulated Switchgear. Fuji’s appeal related to the alleged duration of infringement and liability for the infringing behaviour of a joint venture company in which it holds a 30% shareholding.

ExpERIENCE bEFoRE THE UK CoURTS • Advising British Airways in class actions relating to both the passenger fuel surcharge and air freight services.

Regarding the latter, British Airways successfully applied to strike out a subsequent attempt by claimants to launch a US-style class action on behalf of numerous unidentified persons.

• Advising Royal Mail in its statutory appeal (the first of its type in the regulated sector) against the decision by Postcomm, the postal services regulator, to impose a financial penalty on Royal Mail in relation to its mail protection procedures. The Group also advised Royal Mail in its statutory appeal against Postcomm’s decision to impose a financial penalty on Royal Mail in relation to its access arrangements. That penalty was quashed by the High Court.

• Advising Capital Meters Limited in its role as intervener in support of the Gas and Electricity Markets Authority (Ofgem) in National Grid’s unsuccessful appeal to the CAT against Ofgem’s decision that National Grid had abused its dominant position in the provision of domestic-sized gas meters in Great Britain in breach of Chapter II of the Competition Act 1998 and its imposition of a record £42 million fine.

MULTIjURISDICTIoNAL pRoCEEDINGSIn handling multijurisdictional proceedings, the Group coordinates closely with Slaughter and May “best friends”. High profile work includes:

• Advising Unilever in relation to investigations and court proceedings in a number of European jurisdictions arising from its distribution practices in the market for impulse ice cream. This involved working closely with Bonelli Erede Pappalardo in Italy, Hengeler Mueller in Germany and Mannheimer Swartling in Sweden.

SLAUGHTER AND MAY10

Sectoral Regulation

The Group has a strong practice in sectoral regulation, including energy, water, communications, transport, and postal services.

Recent examples of mergers and acquisitions which involved significant sectoral regulatory issues are:

• Acting for ESB in its acquisition from Viridian of Northern Ireland Electricity, the transmission and distribution networks business of Viridian.

• Acting for United Utilities on its disposal of its non-core UK water contracting and European water businesses.

• Acting for GIP on its acquisition of Gatwick Airport from BAA. The transaction was completely novel.

• Acting for YTL Power International Berhad on its acquisition of Power Seraya in Singapore.

• Acting for Global Radio on its completed acquisition of GCap Media, a merger which has created the largest radio group in the UK.

• Advising Centrica on the merger clearance and related regulatory aspects of the sale of a 50% equity stake in its Lincs, Lynn, Inner Dowsing and Glens of Foudland wind farms.

The Group also has a strong track record in advising on regulatory strategy including economic regulation, company or market structuring/restructuring, procurement and enforcement issues. High profile examples of work by the Group include:

• Advising Royal Mail on the continuing review by HM Government of its structure, legislation and regulation.

• Advising HM Government on the commercialisation of Royal Mint, including a new UK circulating coin contract and vesting of the Royal Mint business and assets into a Government owned company.

• Advising the Department of Energy and Climate Change on nuclear decommissioning, waste management and disposal arrangements for new nuclear build.

• Advising Ordnance Survey on the recommendations of the OFT CUPI (Commercial Use of Public Information) market study and the competition law aspects of the new business model for Ordnance Survey and the Department for Communities and Local Government’s proposals to release a suite of Ordnance Survey products for free use and re-use.

• Advising Lend Lease, a leading international retail and residential property group, on public procurement matters arising from the development of the Olympic Village in London.

• Advising Thames Water in relation to financial penalties proposed by Ofwat in respect of Guaranteed Standards Scheme performance and regulatory reporting.

“The firm’s record in acting for government or state entities gives it a peerless understanding of policy and regulation.”

LEGAL 500, 2009


State Aid

The Group’s State aid practice continues to go from strength to strength. It advises on a broad range of complex issues and has been heavily involved in State aid matters arising out of the global financial liquidity crisis. Recent work includes:

• Advising HM Treasury on rescue and restructuring aid for Northern Rock, and subsequently on obtaining European Commission approval for the restructuring of Northern Rock into two entities (a new savings and mortgage bank and an asset management company).

• Advising HM Treasury on rescue aid to effect the transfer of Bradford and Bingley’s retail deposit operations and branch network to Abbey National; and on the State aid approval process for the subsequent winding down of that part of Bradford and Bingley remaining in public ownership.

• Advising HM Treasury on the UK bank recapitalisation and guarantee schemes including the recapitalisation of RBS, Lloyds TSB and HBoS; on the Government’s Asset Protection Scheme; and on the associated restructuring plans for RBS and Lloyds Banking Group.

• Acting for HM Government (Department of Business, Enterprise and Regulatory Reform) in relation to its notification to the European Commission under the State aid rules of the restructuring plan for British Energy and subsequently on the sale of its stake in British Energy to EDF.

• Advising Royal Mail on State aid implications of proposals relating to its future.

• Advising Lend Lease on State aid matters regarding the development of the Olympic Village in London.

“With strength in all areas of UK and EU competition law, this firm is an acknowledged market leader in merger control and state aid.”

CHAMbERS UK, 2010

SLAUGHTER AND MAY12

Slaughter and May provides an integrated global legal service through its own offices in London, Brussels, Hong Kong and Beijing and through close cooperation with leading independent law firms around the world whose values, standards and approach match its own.

As an integral part of this “best friends” approach, in Europe the Slaughter and May Competition Group has established particularly close ties with the competition practices of a number of other leading European law firms, ensuring that the participating firms can provide a coordinated high-quality service to clients covering the leading European jurisdictions. This has included the establishment of a European Competition Working Group involving Slaughter and May and a number of leading competition practices across Western Europe. These firms also maintain close links with firms in other jurisdictions in Europe and around the globe.

The key activities of the European Competition Working Group include:

• Working together at every opportunity on cases for clients. The firms have extensive experience of working together on international mergers and cartel work.

• Alongside the firms’ cross-secondment programme, creating opportunities for secondments between the firms’ competition groups, enabling associates to gain experience of working in different environments and jurisdictions.

• Organising regular joint training sessions, principally through the Brussels offices of the participating firms. One objective of the training is to develop common standards and a better understanding of how European competition law is applied throughout Europe. By training together, the individual lawyers in each of the firms also get to know each other and are better able to work together in joint cases.

International Strategy and Global Reach

“While its core strengths are in London, this firm benefits from a very fruitful ‘best friends’ network that should not be underestimated. This group consists of the finance leaders of their particular

jurisdictions […] and they collaborate as an effective unit on some of the top deals in Europe.”


“It cooperates with both the well-regarded brussels office and its ‘best friends’ network […] to have a truly Europe-wide reach.”

CHAMbERS UK, 2009

“Thanks to its alliances it can serve clients from Spain to Germany and from Italy to Sweden.”

IFLR 1000, 2010

“A team of amazing quality. Its ‘best friends’ network is much the same as being one firm all over the world.”



• Convening an annual Competition Academy for partners and associates from each of the firms.

• Developing common know-how on competition law rules in key jurisdictions around the world, in particular with regard to merger control and cartel enforcement.

The firms in the European Competition Working Group also work closely with leading competition lawyers in many other jurisdictions around the world. Sharing knowledge of competition specialists in leading independent law firms around the world means being able to offer clients unparalleled expertise on a global scale.

In 2007, the Slaughter and May Brussels office moved to a new building in the heart of the European Quarter on the Square de Meeûs, co-located with four of the Western European “best friends” firms – Bonelli Erede Pappalardo, Bredin Prat, Hengeler Mueller and Uría Menéndez. The close and regular contacts between the firms’ Brussels offices further facilitate cross-border coordination on cases as well as enhancing the strong relations between the firms.

As Asia becomes an increasingly important part of the global competition law landscape, Slaughter and May has also extended its geographic presence in 2009/2010 with the opening of the adjoining Beijing offices of De Brauw Blackstone Westbroek, Slaughter and May and Uría Menéndez. This move is supported by the other “best friends” firms and is in line with their common strategy of remaining independent, while cooperating closely with each other and other leading law firms internationally.

Together with its “best friends”, Slaughter and May is able to provide an international service that is unique in its quality, depth and scope. External commentators recognise that the firms each have leading competition law practices in their home jurisdictions:

on bonelli Erede pappalardo (Italy):

“‘Tradition and quality’ are keywords at this firm, where the competition team is consistently engaged in the most high-profile matters in the sector.”


on bredin prat (France):

“bredin prat garners many of the most high-profile mandates for merger control and antitrust. ‘The team as a whole or individually is superb’, delivers a ‘personalised and creative service’

and has a ‘business understanding that goes beyond legal matters’.”

LEGAL 500, 2010

SLAUGHTER AND MAY14

on De brauw blackstone Westbroek (The Netherlands):

“Top-end clients, proficient lawyers and backup from a large group of keen associates make for one of the most prestigious outfits in the country. The team handles a range of cartel litigation,

state aid and compliance work, and also tackles Dutch and international merger proceedings.”


on Hengeler Mueller (Germany):

“The ‘highly talented and tenacious team’ at this German powerhouse covers European and German competition work, in addition to its fair share of antitrust cases. The team acts for

German and international clients and covers the full range of competition law, with a particular strength in merger work.”


on Mannheimer Swartling (Sweden):

“This transactional powerhouse covers all competition issues, with state aid and contentious public procurement matters on the increase of late. ‘It is a safe bet: the team is resourceful,

has a solid track record and offers excellent client service,’ interviewees say.”


on Uría Menéndez (Spain):

“This domestic giant is solidly at the top end of the competition market and delivers a full service in this area, with all work bearing its hallmark quality.”



profiles

Philippe was educated at Oxford University and the Free University of Brussels and joined Slaughter and May in 1980. He became a partner in 1989 and is Head of the Competition Group.

He is resident in the London office, but also spends a proportion of his time in Brussels. He is responsible for the running and development of the firm’s global competition practice, including through the firm’s Beijing and Hong Kong offices and “best friend” firms.

Philippe has been responsible for a large number of notifications to the European Commission and related litigation. Recent advice includes:

• BHP Billiton on its proposed iron ore production joint venture with Rio Tinto

• Bertelsmann in connection with the merger of its recorded music business, BMG, with Sony Music (unconditionally cleared twice after two detailed Phase II investigations) and on its successful appeal to the Court of Justice against the General Court's judgment in the Impala case

He has extensive experience of UK competition law, including a number of Competition Commission investigations. He has advised:

• Thomson Directories in relation to the Competition Commission market inquiry into classified directories and its complaint to Ofcom concerning BT’s OSIS data pricing

• Global Radio in the OFT’s merger investigation into the GCap deal (which created the largest commercial radio group in the UK)

Philippe has advised Ericsson on its Article 102 complaint to the European Commission concerning Qualcomm’s patent licensing practices. He is currently representing one of the defendants in the GIS and power transformer cartel cases.

He is the President of the European Competition Lawyers Forum (which is used as a sounding board on policy and practice-related issues by the European Commission’s Competition Directorate General). He is fluent in French and has a reasonable knowledge of German.

Philippe is listed as a leading individual in the ‘Competition/European Law: Non-contentious’ section of Chambers UK, 2010 (Band 1) and for EU & Competition in The Legal 500 UK, 2010.

pHILIppE CHAppATTELondon T +44 (0)20 7090 4424brussels T +32 (0)2 737 94 24E [email protected]

SLAUGHTER AND MAY16

William was educated at Queens’ College, Cambridge and was called to the Bar in 1984. He joined Slaughter and May in 1986, becoming a partner in 1993. From 1992 to August 2001 he was resident in Brussels.

William has been involved in a large number of notifications under the EU Merger Regulation in fields as various as insurance, banking, optronics, soft drinks, steel products, aircraft landing gear, medical imaging equipment and extranet services. He represented Cadbury Schweppes in the Phase II “serious doubts” investigation of its disposal of Coca-Cola & Schweppes Beverages and in relation to the sale of its non-US beverages businesses to The Coca-Cola Company.

In the UK he has represented Unilever in three monopoly references (1994, 1998 and 1999) relating to ice cream and conducted merger references on airports, guided missiles, insulation products, steel sheet piling, own label soft drinks and eggs.

On the contentious side, he has represented:

• NCR Corporation in relation to a Chapter II investigation by the OFT which was subsequently closed

• British Airways in relation to the OFT’s investigation of long haul passenger fuel surcharges and its early resolution

He is currently involved in an appeal by Coats to the General Court against a cartel decision in relation to fasteners.

In the State aid field he has represented the UK Government in relation to the restructuring of British Energy; the Royal Mail in relation to rural network support; the restructuring of Northern Rock and Bradford & Bingley and the bank recapitalisations; the credit guarantee scheme and the asset protection scheme.

William is fluent in French and German.

He is ranked as a leading individual in the 'Competition/European Law: Non-contentious' section of Chambers UK, 2010 and in the ‘Competition/European Law’ section of Chambers Global, 2009.

WILLIAM SIbREET +44 (0)20 7090 4066E [email protected]


John has been resident in Brussels since 1996. He studied at King’s College London and Université Paris I (Panthéon-Sorbonne) and joined Slaughter and May in 1985, becoming a partner in 1994.

John has regularly been involved in the notification of deals to the European Commission, since the adoption of the EU Merger Regulation in 1989. Phase II cases include acting for:

• Bertelsmann on the disposal of its music publishing interests (to Vivendi/Universal) and in the Sony/BMG Phase II case (including Phase II clearance decisions in 2004 and 2007) and subsequent appeals to the European courts

• Telelogic on its acquisition by IBM

• Cargill on its acquisition of Degussa Food Ingredients

• BOC on its proposed takeover by Air Liquide in the industrial gases sector

• Royal Mail on its international mail joint venture with TPG and Singapore Post

He has acted in many merger cases where the parties have been able to secure Phase I clearances by offering commitments (including Akzo Nobel/ICI, Linde/BOC and Procter & Gamble/Gillette), as well as several cases where the parties have successfully used the Article 4(4) and 4(5) pre-notification referral procedures (introduced in 2004). He advised British Airways on the Commission investigation and approval (under Article 101 TFEU) of BA’s transatlantic alliance with American Airlines and Iberia (as well as the EU Merger Regulation clearance of the BA/Iberia merger).

His practice also involves cartel investigations (including immunity/leniency applications) by the European Commission and national competition authorities. His contentious work covers national court proceedings as well as proceedings before the General Court and Court of Justice in Luxembourg, including successful appeals in cartel, merger, State aid and parallel trade matters.

He is fluent in French. John is a contributing author to Bellamy & Child (European Community Law of Competition, 6th edition, 2008), Chapter on Merger Control. He is ranked as a leading individual (Band 1) in the Competition/European Law section of the 2010 editions of Chambers Europe and Chambers Global.

joHN boYCET +32 (0)2 737 9411E [email protected]

SLAUGHTER AND MAY18

Bertrand studied at the London School of Economics (MSc Economics). He joined Slaughter and May in 1992 and became a partner in 2001. He has worked in both our London and Brussels offices. Bertrand’s practice spans merger control (EU and UK); competition litigation market inquiries; and competition investigations.

Bertrand has extensive experience of representing clients before the European Commission, the OFT and the UK Competition Commission.

Current and recent matters include advising:

• British Airways in relation to private actions relating to the EU cargo investigation (see below)

• Asda on its acquisition of Netto UK

• Asda on the Competition Commission’s market investigation into the supply of groceries in the UK and on the OFT’s investigation into dairy products – including representing Asda before the CAT

• British Airways in relation to the European Commission investigation into alleged cartel activity in the provision of air freight (cargo) services and in relation to the OFT’s criminal and civil investigations into alleged cartel activity involving passenger fuel surcharges on long-haul flights

• GlaxoSmithKline on its acquisition of brands from UCB and on its HIV joint venture with Pfizer

• Santander on its offer for Alliance & Leicester plc and its acquisition of parts of the banking business of RBS

• Japan Tobacco (Gallaher) on the OFT’s investigation into the retail pricing of tobacco products now the subject of appeal to the CAT

• Punch Taverns in defending a super-complaint by CAMRA

Bertrand is fluent in French. He is listed as a leading individual for EU & Competition in The Legal 500, 2010 and for Competition/European Law (Band 1) in Chambers UK, 2011 and Chambers Global, 2010.

bERTRAND LoUvEAUxT +44 (0)20 7090 4173E [email protected]


Michael was educated at Trinity College, Dublin and Christ Church, Oxford. He joined Slaughter and May in 1992 and became a partner in the Competition Group in 2001. Following a period of six years as one of the resident partners in Brussels, he returned to London in September 2007.

Michael has been involved in a large number of notifications under the EU Merger Regulation in a diverse range of fields including fast-moving consumer goods, defence, business insurance, financial services, mining and natural resources, oil and gas, life sciences, IT and building materials. He has represented Unilever, BAE Systems, Shell, BHP Billiton, Thermo Fisher Scientific, and Centrica, amongst others, in EU Merger Regulation processes.

He also has significant experience in relation to UK merger cases, including a number of high-profile references to the Competition Commission. Sectors in which Michael has represented clients in UK merger cases include publishing, retailing, IT, fast-moving consumer goods and building materials. Clients represented include Thermo Fisher Scientific, Travis Perkins, Luxottica and Unilever.

Michael is head of the firm’s Competition Litigation Group. His contentious experience includes advising Unilever in relation to impulse ice cream freezer cabinet exclusivity, representing Capital Meters in proceedings before the Competition Appeal Tribunal, and a range of cartel matters.

He has a good command of French and continues to improve his Spanish.

Michael is ranked as a leading individual in the areas of contentious and non-contentious competition/European law by Chambers UK, 2010.

MICHAEL RoWET +44 (0)20 7090 4610E [email protected]

SLAUGHTER AND MAY20

Claire was educated at Cambridge and Brussels universities. She joined Slaughter and May in 1998 and became a partner in 2005. She is resident in Brussels.

She has been involved in a large number of high profile merger cases before the UK and EU competition authorities, as well as coordinating merger approvals world-wide.

On the contentious side she has been involved in several cartel cases, including on appeal to the General Court in Luxembourg.

Her recent work includes advising:

• BHP Billiton on its proposed acquisition of Rio Tinto

• INEOS on its acquisition of Kerling

• Coats on its appeals to the European Court in the Needles and Fasteners cases

• various companies in relation to prospective merger notifications

• various companies in relation to ongoing Article 101 and Article 102 investigations

Claire is fluent in French and Russian and has good German.

She has been named in Global Competition Review’s “40 under 40”, The Lawyer’s Hot 100 list and Management Today’s “35 under 35” list of high flying young business women. Claire is also listed as a leading individual in the Competition/European Law section of the 2010 editions of Chambers Europe and Chambers Global.

CLAIRE jEFFST + 32 (0)2 737 9414E [email protected]


Sarah was educated at Oxford University and joined Slaughter and May in 1999. She is based in London and has extensive experience advising across a broad range of competition law issues.

She has represented a number of major clients in recent merger cases before the European Commission and OFT including: BHP Billiton (proposed acquisition of Rio Tinto), Thomas Cook, Centrica and BUPA.

She has advised a number of clients in relation to cartel and other antitrust investigations by the European Commission and OFT; and has represented Airtours/MyTravel before the European General Court seeking annulment and subsequent damages in connection with the European Commission’s prohibition of the Airtours/First Choice merger.

Her current matters include advising BHP Billiton in relation to its proposed iron ore joint venture with Rio Tinto.

Sarah has worked on secondment at the OFT as a competition law and policy adviser and spent six months practising competition law with Hengeler Mueller in Frankfurt.

Sarah speaks good German.

She is listed as a leading individual in the ‘Competition/European Law: Non-contentious’ section of Chambers UK, 2010.

SARAH CARDELLT +44 (0)20 7090 4105E [email protected]

SLAUGHTER AND MAY22

Isabel has a competition and regulatory practice. She trained with the firm and qualified in 1999.

Isabel has experience advising in a range of industries, including regulated industries, as regards merger control, general competition law, sectoral regulatory requirements, State aid and public procurement.

Her work includes advising:

• ESB on the merger control and regulatory aspects of its proposed acquisition of Northern Ireland Electricity

• HM Treasury on competition and State aid aspects of the banking recapitalisation scheme, the asset protection scheme and its intervention in relation to Northern Rock

• Royal Mail in connection with its successful appeal against a financial penalty in the UK High Court and on State aid and merger control aspects of the Government’s proposals for the future of Royal Mail

• Gallaher on the merger control aspects of its acquisition by Japan Tobacco

• Eurazeo/Europcar on the UK merger control aspects of the acquisition of the Vanguard EMEA car rental businesses

• RWE on the competition and regulatory aspects of the sale of Thames Water to Kemble Water Limited

• FirstGroup on the competition aspects of its successful bid for the Greater Western passenger rail franchise

She is also providing ongoing advice to several clients in connection with compliance projects and with possible enforcement action by competition authorities.

Isabel is listed as a leading individual in the ‘Competition/European Law: Non-contentious’ section of Chambers UK, 2010.

ISAbEL TAYLoRT +44 (0)20 7090 4316E [email protected]


Christopher joined Slaughter and May in 1998 from HM Government, where he played a major role in the privatisation of the electricity industry, and was an Assistant Director at the OFT and a Director at OFTEL.

His recent work on the acquisition and disposal of regulated businesses has included advising:

• Global Infrastructure Partners on their recent acquisition of Gatwick Airport and Biffa

• Centrica on the sale of an equity stake in three of its wind farms

• HM Government on the disposal of its interest in British Energy

Christopher’s work on contentious matters includes acting for:

• Capital Meters in its intervention in support of Ofgem in relation to National Grid’s unsuccessful appeal against Ofgem’s decision that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters

• Royal Mail on its successful defence in the High Court against a proposed regulatory fine

• Thames Water on Ofwat’s investigation on guaranteed standards and regulatory reporting

Christopher has also worked for governments, regulators and the regulated in relation to the design and development of new regulatory regimes. Examples include advising:

• BERR on the regulatory aspects of nuclear decommissioning, waste management and disposal as part of the new nuclear initiative, and on the sale of British Energy to EDF

• HM Government on the commercialisation of Royal Mint including a new UK circulating coin contract and vesting of the Royal Mint business and assets into a Government owned company

• Royal Mail on the Government’s proposals for legislative and regulatory reform in postal services

• HM Government on the public/private partnership for National Air Traffic Services

CHRISTopHER WRIGHTSpecial Adviser – Regulated IndustriesT +44 (0)20 7090 4425E [email protected]

LoNDoN

Slaughter and May

One Bunhill Row

London EC1Y 8YY

United Kingdom

T +44 (0)20 7600 1200

F +44 (0)20 7090 5000

FRANCE

bredin prat

130 Rue du Faubourg

Saint-Honoré

Paris 75008

T +33 1 44 35 35 35

www.bredinprat.com

HoNG KoNG

Slaughter and May

47th Floor, Jardine House

One Connaught Place

Central

Hong Kong

T +852 2521 0551

F +852 2845 2125

ITALY

bonelli Erede pappalardo

Via Barozzi 1

Milan 20122

T +39 02 77 1131

www.beplex.com

bRUSSELS

Slaughter and May

Square de Meeûs 40

1000 Brussels

Belgium

T +32 (0)2 737 94 00

F +32 (0)2 737 94 01

GERMANY

Hengeler Mueller

Benrather Strasse

18-20

40213 Düsseldorf

T +49 211 8304-0

www.hengeler.com

bEIjING

Slaughter and May

2903/2905 China World Office 2

No.1 Jianguomenwai Avenue

Beijing 100004

People’s Republic of China

T +86 10 5965 0600

F +86 10 5965 0650

SpAIN

Uría Menéndez

c/ Príncipe de Vergara 187

28003 Madrid

T +34 91 586 0400

www.uria.com

© Slaughter and May 2011

We have established particularly close ties with the competition practices of several other leading European law firms, so that we can provide a coordinated high-quality service to clients covering the leading European jurisdictions. These include the following four firms from the other large EU Member States, with whom we have co-located our Brussels office (at the above address in the heart of the European Quarter).

comp.indd111

www.slaughterandmay.com

slaughter and may the competition group · eu merger contr ol/joint ventures ... • acting for...

Documents