Competition

From plc to SME, corporates to charities and the third sector, competition law applies to organisations which offer goods and services.

A significant part of the UK law has been based on EU legislation but the key elements of competition law are largely unaffected by Brexit. Compliance is as important as ever. That means understanding the law surrounding anti-competitive agreements (such as bid-rigging and market sharing agreements) and abuse of dominance (market power).

UK merger control has always been ‘standalone’ and comes into play in JVs and acquisitions as well as ‘true’ mergers.

In the Competition and Markets Authority (CMA) and the Competition Appeal Tribunal, the UK has a well-established enforcement and judicial framework. The CMA has shown that it is prepared to tackle any sector from pharmaceuticals to musical instruments, ophthalmologists to hand sanitisers and its remit looks only set to expand.

Subsidy control (the new EU state aid equivalent) is also part of the ‘competition tree’ and the UK Government approach to such essential funding is a work in progress – that means experienced advice. For more on our state aid and subsidy control expertise see here.

What do you need?

Perhaps a competitor is threatening to complain to the CMA and you are unsure what to do. We can help you refute unfounded claims (and make sound ones if you’re being treated unfairly). It might be that good corporate governance means that training is required and you need a compliance policy. Or you might be active in a sector which is caught up in a market investigation and the CMA is requiring your co-operation.

If you’re considering an acquisition, particularly of a competitor, we can also guide you through UK merger control.

We will help you navigate the complexities in a jargon-free, constructive manner so you can make the best decisions.

  • “Lindsay is a great competition lawyer, really helpful and goes the extra mile for her clients. She was able to quickly unravel some fairly complex matters in one of the trickiest areas of competition law, on tight timescales, and gave really pragmatic and commercial advice which was easy to understand and implement. Highly recommended.”

    Tim Saunders, Group General Counsel

    Karro Food Group

  • Lindsay […] has been providing strategic advice and tactics on how to deal with competitors and suppliers with dominant market positions. Lindsay is well informed about recent case law and also “streetwise” and able to provide practical advice to avoid potential conflicts. We certainly recommend Lindsay and [Bates Wells] for competition law advice.

    Cate Atwater