Tristan Jones

Blackstone Chambers (London)
Barrister

Tristan is regularly engaged in EU and competition matters, both commercial and regulatory. He has advised on the application of competition law in commercial, employment and sports contexts. Tristan is the manager of Competition Bulletin, a blog on competition law. He has advised on European law relating to audiovisual services, financial services, employment, and social security. Tristan has experience of telecommunications law in the CAT and the Court of Appeal. Tristan’s two-year graduate degree at Harvard University focused on Economics and Human Rights. Tristan has taught human rights policy as assistant to Professor Michael Ignatieff.

Articles

3258 Bulletin

Tristan Jones The UK Supreme Court overturns the Competition Appeals Tribunal judgment on whether acquisition of assets upon liquidation is subject to merger control (EuroTunnel)

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Asset acquisitions and mergers: Eurotunnel in the Supreme Court*The Supreme Court’s recent decision in Eurotunnel II ([2015] UKHL 75) brings some much-needed clarity to what was becoming a rather opaque corner of the UK merger regime. It also contains statements of general principle which are (...)

Tristan Jones The UK High Court decides that a standalone claim issued in the High Court could be transferred to the Competition Appeal Tribunal (Sainsbury Supermarkets / MasterCard)

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Standalone claims in the CAT: bypassing the transitional rules* We have written before about the problems inherent in the transitional provisions of the new Consumer Rights Act 2015 (see Tom de la Mare QC’s blog here). A recent decision from Mr Justice Barling in the Mastercard litigation (...)

Tristan Jones The UK Supreme Court decides on the recovery of penalties from directors and employees, setting the scene for a fresh challenge to the Safeway Stores decision (Jetivia / Bilta)

107

Recovering penalties from directors and employees: Safeway revisited* Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages? The question is moot in light of last week’s Supreme Court (...)

Tristan Jones The UK Competition Appeal Tribunal upholds that when a company acquires assets that can potentially be turned into a business activity, it can be considered as acquiring part of a business activity (Eurotunnel / SeaFrance / MyFerryLink)

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Eurotunnel: when buying assets is a merger* When is an asset acquisition a merger? As the Eurotunnel litigation shows, the answer is not clear-cut. The background is the 2011 liquidation of the cross-channel ferry company SeaFrance. It could not be sold as a going concern, so instead there (...)

Tristan Jones The UK Supreme Court rules that non-appealing parties to a cartel, the existence of which has been negatived on appeal, remain liable to civil damages actions (Deutsche Bahn / Morgan Advanced Materials)

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Non-Appealing Cartelists Beware* Tucked away at the back of last week’s Supreme Court decision on time-limits for follow-on claims is a very important development for private competition actions. The context is section 47A of the Competition Act 1998, a provision which has generated an (...)

Tristan Jones The England Court of Appeal rules on the matter of exceptional circumstances justifying an extension of time for appealing a decision of the OFT concerning unproven pricing agreements between tobacco manufacturers and retailers (Somerfield)

52

Tobacco decision: the Court of Appeal emphasises finality* The Court of Appeal yesterday delivered a judgment that should finally draw a line under one of the Office of Fair Trading’s more troublesome cases – and which will presumably bring a great sigh of relief from the Competition and Markets (...)

Tristan Jones The UK Competition Appeal Tribunal applies the single economic unit theory and finds that the CC has authority to prevent the concentration between two non-resident corporations on a segment of the metal packaging coatings market (AkzoNobel Holland / Metlac Italy)

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The Competition Commission’s power to block transactions outside the UK* The judgment in Akzo Nobel NV v Competition Commission [2013] CAT 13 is an important decision on the ability of the Competition Commission (“CC”) to block transactions between companies outside of the UK. However, neither (...)

Tristan Jones The UK Competition Appeal Tribunal awards damages in a follow-on claim arising from abuse of dominance on the market for transportation and partial treatment of water (Albion Water / Dŵr Cymru Cyfyngedig)

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Albion v Dwr Cymru: Incompetence and counterfactuals* The Competition Appeal Tribunal today delivered that rarest of beasts: a judgment awarding damages in a follow-on claim. After its decade-long fight, Albion Water has been awarded around £2 million for Dŵr Cymru’s abuse of dominant position in (...)

Tristan Jones The UK Competition Appeal Tribunal allows an extension of the time limits for appeals under the circumstances of the case and in respect of the principle of legitimate expectations (Somerfield / OFT)

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The OFT’s tobacco decision: Is it dead yet?* Late in 2011, the Office of Fair Trading was forced to concede before the Competition Appeal Tribunal that it could no longer defend the theory of harm contained in its Decision on alleged pricing agreements between tobacco manufacturers and (...)

Tristan Jones The UK Government announces plans to introduce an opt-out class action regime in its consultation paper on options for reforming the private enforcement system (DBIS)

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Collective Actions: loss in complex cases* The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims. The proposals incorporate various “safeguards” designed to ensure that the (...)

Tristan Jones The UK Competition Appeal Tribunal establishes the limited probative value of early resolution agreements in the context of an appeal concerning the participation of a retailer in unlawful practices regarding cheese pricing (Tesco / OFT)

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Tesco scores partial victory in cheese cartel* In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair (...)

Tristan Jones The UK Supreme Court rejects the respondent’s arguments that enforcement of the plaintiff’s trade marks could lead to infringements of EU law (Oracle America / M-Tech Data)

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Supreme Court puts brake on “Euro defences”* The UK Supreme Court has given trade mark proprietors reason to celebrate, in a judgment which is likely to have important consequences for the success of “Euro defences” more broadly. See: Oracle America Inc (formerly Sun Microsystems Inc) v M-Tech (...)

Tristan Jones The EU General Court establishes the responsibility of a dominant undertaking to prevent the margin squeeze within the limits imposed by ex-ante regulation (Telefónica)

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Ex ante and ex post regulation following Telefónica* Hats off to Spain for having the nerve to suggest that it might have been a better target for the Commission’s attention than Telefónica, the former monopoly telecoms provider recently fined over €150 million for committing a margin squeeze in (...)

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