A partner in the Commercial Department, my principal areas of ...
Competition law can affect a wide variety of business practices, ranging from the obvious cartels which attract both public attention, and the possibility of both huge fines and even criminal prosecution, to the detail of permitted restrictions in distribution agreements and joint ventures.
Further issues can arise where an enterprise has a dominant position in a market, whether worldwide or locally, and particular care needs to be taken to avoid falling into abuse of that position. We take the burden of applying complex legislation to joint bids and consortium arrangements. Working closely with clients drawn from across all sectors, we help put in place the supply chains and skilled partner arrangements that are competition law compliant.
We advise on the information you should and shouldn’t be sharing with those you are collaborating with. Getting this right is critical to our clients avoiding civil and criminal penalties this includes advice on when to raise issues direct with the Competition and Markets authority (CMA) or how to respond if they are investigating possible breaches of competition law, or conducting a wider market investigation.
The impact of Brexit on this area is likely to be low. The relevant rules are enshrined in UK law, and in some instances such as the powers to conduct a market investigation and impose remedies , UK law is more widereaching than EU law. It is also noticeable that similar competition law requirements are in place across the most developed western nations.