llan Sherr is a Legal Director in the EU and Competition Law department at DLA Piper UK in London. Ilan studied law at University College London before completing the LPC at the College of Law, following which he completed his training and qualified as a solicitor at SJ Berwin in 2002. Ilan worked at Charles Russell before joining Nabarro in 2007. Ilan has completed a Masters in European competition law at King’s College London. Ilan is a specialist in UK and European Union Competition Law having advised on a range of competition enquiries and investigations. Ilan has advised on behavioural competition law, compliance with the law, merger control and State aid. In addition to assisting clients during dawn raids, Ilan also advises on compliance with the law and prevention against harm. With regard to regulatory aspects, Ilan has also been involved in competition litigation in the Competition Appeal Tribunal, High Court, Court of Appeal and the General Court. Ilan has represented clients to the European Commission, the Office of Fair Trading, the Competition Commission, the Competition and Markets Authority and the Civil Aviation Authority. Ilan is a contributing author to the OUP publication "European Community Law of State Aid" and the Westlaw Insight legal encyclopedia.
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On 30 January 2017, the United Kingdom (UK) High Court handed down a judgment in favour of MasterCard in a damages claim brought by UK retailers (including Next, Acadia Group and Asda). The claimants alleged that MasterCard’s multilateral interchange fees (MIFs) were illegally restrictive of (...)
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On 18 January 2016, the Competition and Markets Authority ("CMA") announced that it has reminded local authorities about the need to ensure that schemes aimed at reducing consumption of high-strength alcohol do not breach competition law. This follows the provision of guidance on the subject (...)
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On 13 January 2016, the Competition and Markets Authority ("CMA") published a market study notice into civil legal services in England and Wales across a broad range of different legal areas. The study is intended to examine the experiences individuals and small businesses have when accessing (...)
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In September 2015, the former director of Franklin Hodge Industries, Mr Peter Nigel Snee, was convicted under the Cartel Offence under the Enterprise Act 2002 after pleading guilty. Mr Snee was handed a suspended sentence for fixing prices and rigging bids between 2004 and 2012 in the market (...)
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On 21 April 2015, the Competition and Markets Authority (CMA) announced that it received a super-complaint from the independent consumer body Which? (Which) in respect of perceived concerns about misleading and opaque pricing practices in the UK grocery market. This relates to both in-store (...)
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Summary From 1 April 2015, the Financial Conduct Authority ("FCA") is empowered under the Competition Act 1998 ("CA98") to promote effective competition in the interest of consumers in the markets for regulated financial services. This change allows the FCA to be a concurrent enforcer of (...)
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Executive Summary: After initially accepting commitments in the hotel online booking investigation, the Office of Fair Trading’s (OFT) decision was quashed by the Competition Appeal Tribunal (CAT). The case was referred back to the Competition and Markets Authority (CMA), who has now (...)
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On 13 October 2014 the Competition and Market Authority (CMA) published its 30 September Decision that the grant of the Caledonian Sleeper Franchise (CSF) to Serco Caledonian Sleepers Limited (Serco) does not qualify for investigation under the Enterprise Act 2002 (the ’Act’) . The CMA (...)
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Following a private enforcement action in the English High Court, Luton Airport was found to have abused its dominant position in awarding a coach concession to National Express following a tendering process. Arriva The Shire Ltd (Arriva) brought the action against London Luton Airport (...)
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The Office of Fair Trading (OFT) has cleared British Telecoms plc’s (BT) proposed acquisition of ESPN Global Ltd (ESPN), despite finding that the failing firm defence was not fulfilled. Factual Background ESPN was a wholly owned subsidiary of the US based television sports broadcaster ESPN (...)
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The UK Government announced plans to revolutionise private actions for competition damages in the UK. Following its April 2012 consultation, the Department for Business Innovation and Skills (BIS) has made the following proposals: to allow the Competition Appeal Tribunal (CAT) to hear (...)
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The Supreme Court, in its decision in BCL Old Co v BASF, has clarified the limitation period for bringing follow-on action claims for damages in the Competition Appeal Tribunal (the “CAT”). The Supreme Court upheld the Court of Appeal’s earlier ruling that: An action for follow-on damages in (...)
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On 4 October 2011, the OFT announced that it had closed its criminal investigation into alleged criminal conduct under the Enterprise Act 2002 cartel offence, involving suppliers to the automotive sector. Under the Enterprise Act 2002, the OFT has the ability to investigate suspected (...)
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Summary On 25 July 2011, the Competition Commission (CC) announced that it had cancelled its inquiry into News Corporation’s (News Corp) proposed acquisition of the remaining 60.9% share in the British Satellite Television services provider, British Sky Broadcasting Group Plc (BSkyB). The (...)
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The English High Court has found that Heathrow abused its dominant position by refusing competing car concierge services access to the arrivals forecourts at Heathrow Airport. The case was brought by Purple Parking Limited (Purple) and Meteor Parking Limited(Meteor). Both Purple and Meteor (...)
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The Court of Appeal in England issued a judgment denying the appellants the ability to bring a representative action on behalf of a further 178 or more possible claimants seeking to obtain damages against British Airways plc (BA) for its alleged involvement in the air cargo cartel. The first (...)
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On 29 October 2010, the Office of Fair Trading (OFT) announced that it had launched an investigation into Ryanair’s 2006 acquisition of a 29.82% stake in Aer Lingus. Ryanair Holdings plc (Ryanair) is a no frills airline carrier operating passenger flights. Aer Lingus Group plc (Aer Lingus) (...)
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Asda Stores Limited (Asda) is one of the UK’s largest grocery retailers. In May 2010, Asda entered into a sale and purchase agreement to acquire the Netto chain of 194 grocery stores across the UK from Dansk Supermarket A/S. The UK Office of Fair Trading (OFT) has concluded that the merger is (...)
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The English High Court has ruled that a confidentiality clause breached Article 101 TFEU and was unenforceable as a result. In the case of Jones v Ricoh, it was held that a confidentiality clause went further than could reasonably be required to protect the claimant’s confidential information. (...)
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Following its investigation into the UK Pay TV market, the UK’s Office of Communications ("Ofcom") has ordered BSkyB to reduce the price it charges competitors for its BSkyB Sports channel and created a regulated fixed price for the products. Ofcom is also consulting on whether it should make (...)
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The UK Office of Fair Trading (OFT) reported that it had fined the Royal Bank of Scotland (RBS) £28.59 million for breaches of competition law, on 30 March 2010. The case came to light following a leniency application by Barclays Bank (Barclays), who received immunity from fines in return (...)
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On 21 January 2010, the Court of Appeal dismissed an application by British Sky Broadcasting Group plc (Sky) to set aside the decision requiring it to divest part of its shareholding in ITV plc (ITV). The Court of Appeal upheld the conclusion that Sky’s acquisition of a 17.9% shareholding in (...)
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The Competition Appeal Tribunal (CAT) lambasted Tesco Plc (Tesco) for incurring exorbitant costs (£1.46 million) in its successful judicial review of the Competition Commission’s (CC) decision to implement a “competition test”. Tesco won its appeal. Nevertheless, the CAT has discretion over (...)
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Summary The Office of Fair Trading (OFT) has decided not to refer the market for newspaper and magazine distribution in the UK to the Competition Commission (CC) for a market investigation (the MIR Decision). Background Following the revocation, in May 2005, of the Vertical Agreements (...)
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Summary On 22 October 2008 the Office of Fair Trading (OFT) produced the following three reports, as well as a background paper, as part of its enquiry into the distribution of newspapers and magazines in the United Kingdom. The reports were as follows : (a) a legal Opinion from the OFT on (...)
