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Simon Barnes

Shoosmiths (Reading)

Partner

Simon leads the firm’s EU and competition law practice. He has extensive experience advising on competition law compliance, merger control, competition investigations and litigation. Simon regularly works with businesses to develop and implement effective compliance training programmes for their staff. He also advises on the competition law considerations arising from clients’ day-to-day commercial arrangements. Simon represents clients in investigations before the Competition and Markets Authority and the European Commission. He has also advised in relation to cases before the Competition Appeal Tribunal and the General Court of the European Union in Luxembourg, as well as on competition investigations in a number of other jurisdictions, in Europe and elsewhere. Simon joined Shoosmiths from Hogan Lovells at the beginning of 2012. He previously spent four years working in Brussels. Simon is recognised in the Chambers & Partners UK directory 2015.

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Articles

15988 Bulletin

Simon Barnes The UK CAT holds its decision in the construction cover pricing appeal case (Kier Group)

11 March 2011 1661

I. Introduction The UK’s Competition Appeal Tribunal (CAT) gave judgment on 11 March 2011 in the first set of appeals by construction firms against fines totalling £129m imposed by the Office of Fair Trading (OFT) in 2009 following a lengthy investigation into cover pricing in tenders for (...)

Simon Barnes The UK Court of Appeal holds its judgment on representative action in a claim against air cargo cartel (Emerald Supplies / British Airways)

18 November 2010 629

1. Summary 1.1. On 18 November 2010, the English Court of Appeal dismissed an appeal by Emerald Supplies Ltd («Emerald«) and Southern Glass House Produce Limited against a High Court judgment that the representative element of their claim against British Airways («BA«) should be struck out as it (...)

Simon Barnes The UK Court of Appeal dismisses appeal against High Court ruling in cartel damages claim (Cooper Tire and Rubber / Dow Deutschland)

23 July 2010 742

1. Summary 1.1. On 23 July 2010, the Court of Appeal dismissed an appeal against a judgement by the High Court where it declined to suspend proceedings based on a European Commission (the "Commission") cartel decision, where related proceedings based on the same decision were already taking (...)

Simon Barnes The UK Court of Appeal upholds an abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid)

23 February 2010 1196

On 23 February 2010, the Court of Appeal held that the UK Competition Appeal Tribunal ("CAT") had correctly upheld a decision of the UK energy regulator, OFGEM, that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters. The CAT had reduced (...)

Simon Barnes The UK High Court opens the way for companies to pursue private damages actions against employees and directors who are involved in competition law infringements (Safeway Stores)

15 January 2010 2417

Background 1. Between 2002 and 2003, various employees and directors of the Safeway group ("Safeway"), a UK supermarket operator, were involved in the exchange of commercially sensitive retail pricing information with other UK supermarkets and dairy processors. As a consequence of this, (...)

Simon Barnes The UK Office of Fair Trading imposes a £40m fine for collective boycott and price fixing in the construction recruitment sector (Construction Recruitment Forum)

29 September 2009 2836

Background 1. On 29 September 2009 the UK Office of Fair Trading ("OFT"), the UK’s national competition regulator, decided to fine eight companies in connection with concerted practices in the construction recruitment sector. 2. The eight infringing companies were: A Warwick Associates (...)

Simon Barnes The English High Court gives judgment on an application for the judicial review of a decision by the OFT not to extend or re-open a penalty discount scheme that it had offered to alleged cartelists in connection with its investigation into collusive tendering in the construction industry (Crest Nicholson)

24 July 2009 1307

Background The case was brought by Crest Nicholson Plc, which was a developer of residential property. Until 2003, Crest Nicholson was the parent company of the Pearce Group. One of the members of the Pearce Group was Pearce Midlands, against which certain allegations of price fixing were (...)

Simon Barnes The UK Competition Appeal Tribunal upholds the decision of the energy regulator, which found that utility company had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter maintenance (National Grid)

29 April 2009 1593

On 29 April 2009, the Competition Appeal Tribunal ("CAT") upheld the February 2008 decision of the UK energy regulator OFGEM, which found that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters, including the ancillary service of meter (...)

Simon Barnes The English High Court dismisses price fixing claim by bookmakers relating to collective exclusive broadcasting licences (Bookmakers Afternoon Greyhound Services / Amalgamated Racing)

8 August 2008 3607

Background 1. The British horseracing industry is worth over £830 million annually. Since 1987, licensed betting offices («LBOs») have been allowed to show live coverage of racing from courses across the UK and Ireland. In 1987, the four largest British bookmakers founded Satellite Information (...)