Charles Bankes

Simmons & Simmons (London)
Lawyer/Attorney>Partner

Charles Bankes is a Partner at Simmons & Simmons in London. Charles specialises in EU, competition and regulatory law and has extensive experience of their application within a wide range of industries. He particularly focuses on the utilities sectors, strengthened by his secondment to Ofgem (the GB gas and electricity regulator), where he held the post of General Counsel. Charles has extensive experience of EC and UK merger control procedures including at phase II and of complex multi jurisdictional merger control procedures. In recent years he has advised on a range of cartel investigations, including investigations being conducted by regulators around the world. He advised on one of the first cases settled with the European Commission. His litigation experience includes cases before the Competition Appeal Tribunal and judicial review, including in the Court of Appeal. He also advises on state aid issues.

Linked authors

Simmons & Simmons (London)
DG COMP (Brussels)
UK Competition Appeal Tribunal (London)
Simmons & Simmons (Brussels)
Simmons & Simmons (London)
Simmons & Simmons (London)
Simmons & Simmons (London)
Simmons & Simmons (Paris)

Articles

1975 Bulletin

Charles Bankes, Peter Broadhurst, Satyen Dhana The UK Administration amends jurisdictional thresholds for changes in control over businesses that are active in certain specific sectors

477

On 14 May 2018, the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018 (SI 2018/593) and Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (SI 2018/578) were published. These amend the jurisdictional thresholds set out in section 23 of the Enterprise Act 2002 (the Act) (...)

Charles Bankes, Koen Platteau, Ombline Ancelin, Peter Broadhurst, Peter Meyer, Satyen Dhana The EU Commission publishes its decision in a gun-jumping case (Alice / PT Portugal)

32

On 24 April 2018, the European Commission (Commission) fined Altice NV (Altice) €124.5m for breaching both Article 4(1) and 7(1) of Council Regulation (EC) No 139/2004 (the EU Merger Regulation or EUMR). Article 4(1) EUMR contains the “notification requirement” under which relevant transactions (...)

Charles Bankes, Michael Burdon The EU Commission publishes a Fact Sheet on Intellectual Property Rights Enforcement and a Communication setting out the EU’s approach to Standard Essential Patents

293

The European Commission today published a Fact Sheet on Intellectual Property Rights Enforcement and a Communication setting out the EU’s approach to Standard Essential Patents (SEPs). In recognition of what it perceives as the strategic importance of SEPs and Europe’s need to grasp the enormous (...)

Charles Bankes, Duncan Green The EU General Court finds flaws in a Commission’s decision and quashes the €14.9m fine, but sustains underlying liability for “facilitation” of a cartel (Icap)

207

The General Court’s November 2017 judgment is not such welcome news to ICAP as it might first appear. ICAP’s appeal against a 2015 infringement decision was successful insofar as the fines imposed on it will now be trimmed, but in the main the General Court supported the European Commission’s (...)

Charles Bankes The UK Competition and Market Authority seeks permission to appeal to the Supreme Court on what constitutes an enterprise (Eurotunnel, Société Coopérative de Production SeaFrance)

59

Unconvinced by the outcome of the Eurotunnel case, the CMA wants guidance from the Supreme Court on what constitutes an enterprise for the purposes of UK merger control. The CMA is seeking permission to appeal the Court of Appeal judgment of 15 May 2015 in the Eurotunnel case. That judgment (...)

Charles Bankes, Peter Broadhurst The EU Commission issues a statement of objections for allegedly submitting misleading market share information in a merger filing (Munksjö / Ahlstrom)

39

The European Commission has sounded a warning to parties notifying merger transactions, emphasising the fundamental importance of accurate market share data. On 25 February 2014, the European Commission announced that it had sent a statement of objections to two Finnish producers of specialty (...)

Charles Bankes The English High Court rules that competition law cannot provide a defence to a borrower in an action by a bank to enforce its rights under a facility agreement (Deutsche Bank / Unitech Global)

60

In a significant judgment that could have had “vast” consequences for financial transactions worldwide based on LIBOR, an English High Court Judge has refused to allow defences based on the competition rules to be introduced into the pleadings in an action brought by a LIBOR panel bank to enforce (...)

Charles Bankes The Spanish Competition Authority clears its first big merger between the dominant gas supplier and the third largest electricity operator (Gas Natural / Union Fenosa)

46

On the 12 February 2009, following an in depth investigation, the Spanish Competition Commission (CNC) cleared its first big merger when it approved, subject to commitments, the merger between Gas Natural (GN), the dominant gas supplier and the Union Fenosa (UF), the third largest electricity (...)

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