Competition & Regulatory: Simplifying complexities

At a glance

Memery Crystal’s Competition and Regulatory Law team thrives on challenge. Whether we’re hitting a tight filing deadline, completing on a crucial deal or meeting the demands of everyday business, we guarantee our clients far more than technical expertise.

Clients look to us to deliver practical and effective solutions to their most complex EU and domestic antitrust /competition and regulatory concerns.

Whether advising on competition law compliance, merger control strategy, making or defending claims for competition breach before the courts or helping clients address other regulatory issues we always offer friendly, relationship driven, business orientated advice which safeguards our clients’ interests now and in the future.

Our EU & Competition specialists have a wealth of experience across key regulatory sectors and we act for institutions, large and small companies (both public and private), start-ups and individual entrepreneurs.

We are based in The City of London but on a global level our clients can draw on the resources of Rosenblatt’s network of trusted associates across throughout the world.

"… renowned for providing clients with innovative solutions to complex problems."

Concurrences, AntiTrust publisher, 2022

In detail

Cartels

We represent clients involved in both EU and UK cartel investigations. We also advise on settlement procedures and leniency applications which can reduce or even remove the prospect of fines altogether.

Competition Law & Commercial Agreements

We represent clients in advising on competition law compliance in connection with a wide variety of commercial agreements including distribution, licensing, R&D, information exchange, joint ventures and commercialisation arrangements as well as negotiating these agreements and resolving disputes. We also advise on competition compliance strategies to help minimise the risk of competition law breaches and the substantial financial liability which can flow from an infringement decision.

Market Conduct & Dominance 

We advise clients in a position of market power to ensure their trading practices and policies comply with competition law as well as smaller companies who may be adversely affected by the abusive business practices of larger rivals. With the growth of e-commerce and digital platforms competition law is playing an increasing role in regulating the activities of platform operators and businesses that use those sites to distribute their goods. We have experience of representing parties in proceedings relating to abusive market behaviour before the EU Commission and national Member state competition regulators and national courts.

Competition Litigation

We act for both claimants seeking redress and clients seeking to defend themselves in the face of individual or class action competition claims before the national courts of EU Member States or subject to arbitration. Within our  dedicated competition litigation team  we combine  in-depth specialist knowledge of competition law with the skills and shrewd tactical acumen of  our experienced litigators to provide the right team to deal successfully with our clients’ claims.

Merger Control

Our EU & Competition Team provides experienced and commercially focused advice on how best to obtain appropriate merger clearances to allow the timely completion of our clients’ deal or transaction. We provide strategic advice on how to best structure your transaction and advise on where to file necessary or advisable merger filings as well as submitting and coordinating the appropriate notifications. In this we work closely with our Corporate Team on transactions. However, we are also instructed independently by clients or foreign and other counsel as competition law specialists to handle domestic, EU or global merger approvals.

Public Procurement 

We have extensive experience of advising both suppliers to the public sector and public contracting authorities of compliance and enforcement of the EU public procurement rules across a range of sectors and jurisdictions. We have represented clients before the national courts of the EU Member States, the European commission and the Court of Justice of the European Union.

EU Regulatory Advice 

We advise manufacturers, suppliers and importers wishing to distribute products in Europe on the application of UK and EU product safety directives, the CE marking regime as well as the provisions of EU environmental protection Directives and Regulations (e.g. REACH,WEEE, RoHS).

Sectoral Regulation

We advise clients across a wide range of regulated sectors at both an EU and UK level which include electronic communications, media and broadcasting, gaming, transport, electricity, gas, post, water, healthcare and financial services. We advise on the interface between the general competition law regime and sector specific competition rules as well as purely regulatory issues within these.

International Trade & Customs

After Brexit regulations in relation to the import and export of goods and services to and from the UK and Europe will change significantly. Whether the UK will trade on WTO terms or those of a negotiated trade deal with the EU is yet to be seen. We have an experienced team able to help our clients successfully negotiate their way through the maze of Brexit regulations and the new international trading relationships upon which the UK is embarking.

Recent matters

Mergers

  • Obtained clearance from the European Commission under the EU Merger Regulation in connection with the $3 billion sale of a division of a major construction equipment manufacturer with commitments at Phase I- Case M.7792 Konecranes/TerexMHPS.
  • Acting for a major car rental firm in obtaining unconditional merger clearance from the Competition & Markets Authority of a specialist automotive software company.
  • Advising a leading salmon producer in relation to a number of merger transactions and global merger clearances.
  • Advising clients on the structure of mergers transactions with defence or national security implications and the application of the UK and EU FDI regimes.

Competition Law & Compliance

  • Advising a major direct marketing company on the competition law aspects of  its EU e-commerce strategy and distribution policies.
  • Representing a global technology company on the EU competition law aspects of its hardware and software support policies and its European -wide distribution agreements.
  • Devising and delivering competition law compliance training online and in person for a leading manufacturer of household products and toiletries.
  • Advising a leading bank in relation to the EU Commission and national EU member States’ competition investigations into the rigging of financial indices and benchmarks.

Market Conduct & Dominance

  • Advising a leading computer service company in relation to a complaint to the EU Commission alleging unlawful tying and discriminatory discounting behaviour against a major international computer manufacturer.
  • Acting for a major pharmaceutical company in relation to competition law compliance advice on its pricing, discounts and rebates policies.
  • Representing a leading technology company in respect of a CMA Market Study on Government  ICT Procurement.
  • Advising a leading bank in respect of the CMA’s Market investigation into Home Credit.

EU Regulatory Advice

  • Advising an importer of electrical equipment on the application of certain EU Product Safety Directives in relation to the affixing of CE Marking to their products as well as RoHS and WEEE compliance.
  • Advising a leading US construction equipment manufacturer on the application of REACH Directive to their business.

Public Procurement

  • Representing a leading  marine services company in relation to a public procurement dispute with a major port operator over the award of a €30 million maintenance dredging contract.
  • Advising a leading engineering consultancy in overturning the award of a framework agreement by a major public utility company.
  • Representing a UK hospital trust in a English court challenge brought by a medical equipment supplier in respect of the award of a contract for keyhole surgery equipment.

Sectoral Regulation

  • Representing a UK telecommunications service provider in connection with a complaint to the UK Communications Regulator in respect of unlawful cross subsidization and margin squeeze.
  • Advising a UK independent generator in connection with a state aid proceedings against the UK Government before the EU commission.
  • Representing a UK professional trade association in relation to potential judicial review proceedings against EASA-the EU aviation regulator.

International Trade & Customs

  • Advising clients on the application of EU economic sanctions imposed against Russia and Iran.
  • Advising a major quoted UK electrical distributor on the export of products and the application of UK & EU export controls, conducting an export control audit and undertaking compliance training.
  • Advising a musical instrument manufacturer in connection with the import of products containing banned rosewood in relation to enquiries from UK, Dutch and German regulators.
  • Representing a manufacturer of outdoor sport equipment in relation to product safety issues and recalls and acting for the company before UK trading standards and other EU product safety regulators in Germany and Sweden.

What we're thinking...

taxonomy="practice" taxonomy_terms="competition-and-regulatory" taxonomy_operator="IN"

What to do next

Contact our expert

Robert BellPartner, Competition & Regulatory

Contact Robert