Euan is a partner in the Dispute Resolution and Competition departments, specialising in all aspects of contentious UK and EU competition law. He has considerable experience in dealing with the European Commission, UK regulators, UK Competition Appeal Tribunal (CAT) and private courts (including advocacy higher rights of audience). His work centres on competition law investigations, competition litigation and EU law. Notable competition litigation matters including the first UK follow-on damages action from an OFT decision; the first appeal to the CAT of a UK merger control decision; 15 sets of Competition Appeal Tribunal appeal or damages proceedings; and 10 cartel follow-on claims. Experience of anti-trust investigations includes over 20 OFT Competition Act 1998 inquiries since the 1998 Act came into force including Supermarket Milk, Tobacco Products and Fibre Optic Cables and numerous applications for leniency to the European Commission and national member states. His contentious experience includes regulatory appeals, procurement challenges and judicial review. Euan has particular sector expertise in respect of financial services, FMCG, transport and large scale infrastructure projects. Euan sits as one of four private practice members of the CAT User Panel. He is Vice Chairman of the UK Competition Law Association. His appointments included membership of the CAT working party that helped to design the new CAT rules governing UK anti- trust class actions under the Consumer Rights Act 2015. Euan edits the ICLG International Competition Litigation manual and authors of a number of other publications including: Competition Litigation: A Defendant’s Perspective, The Private Competition Enforcement Review, Seventh Edition; and UK Public Procurement 2016. Euan has also appeared as an expert witness before the High Court giving expert testimony on EU cartel procedure and follow on damages risks.
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The English High Court has ruled that, on the facts of the case, claimants Gemalto had sufficient information about the smart card chips cartel to support a reasonable claim for damages at the point at which the European Commission issued its statement of objections to defendants Infineon and (...)
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On 18 August 2021, the UK’s Competition Appeal Tribunal ("CAT") certified the application by Mr Walter Merricks CBE to bring an opt-out class action on behalf of 46 million UK consumers who suffered loss as a result of anticompetitive interchange fees imposed by Mastercard between 1992 and 2008. (...)
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On 14 April 2021, the UK Court of Appeal upheld a decision of the High Court confirming the application of concealment provisions in the Limitation Act 1980 when calculating the deadline for bringing a cartel damages claim in the High Court. Key takeaways The UK Court of Appeal has confirmed (...)
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On 5 March 2021, the Court of Appeal upheld a decision of the Competition Appeal Tribunal ("CAT") that the funding arrangements in place in two collective proceedings arising from the Trucks cartel are not damages-based agreements ("DBAs"). What you need to know - key takeaways The decision (...)
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On 3 February 2021, the Department for Business, Energy & Industry Strategy ("BEIS") published a consultation paper outlining proposals for a new subsidy control regime in the UK ("Consultation Paper"). The need for a new subsidy control regime has been prompted primarily by: the State (...)
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In a highly anticipated ruling, the UK Supreme Court has dismissed Mastercard’s appeal against the principles established by the Court of Appeal (on appeal from the UK’s Competition Appeal Tribunal ("CAT")) in relation to the approval of class actions by the CAT. The case will now be remitted to (...)
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On 11 November 2020, the Court of Appeal emphatically dismissed an appeal brought by five truck manufacturers against a judgment of the Competition Appeal Tribunal ("CAT") handed down in March 2020 relating to the evidential weight to be given to recitals to a European Commission infringement (...)
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Lower notification thresholds under UK merger control for certain additional sectors impacting national security entered into force on 21 July. The lower thresholds now cover transactions related to the development, production, supply or research of: artificial intelligence (new) cryptographic (...)
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The first competition disqualification order to come to trial has resulted in a company director, Michael Martin, being disqualified for seven years. In its judgment of 7 July 2020, the UK High Court found that Mr Martin had contributed to Gary Berryman Estate Agents’ breach of competition law (...)
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Whilst Covid-19 is not expected to lead to changes to the core legal and policy principles underpinning merger control regimes around the world, it is worth noting that: merger control regimes are still in operation, albeit filing processes and regulatory reviews may take a bit longer and some (...)
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Introduction In the light of the global outbreak of Covid-19, contracting authorities will need to procure goods, services and works in truly exceptional circumstances and, potentially, their requirements will be extremely urgent. Therefore, contracting authorities may have legitimate reasons (...)
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BritNed Development Limited ("BritNed") brought a claim against ABB arising from the European Commission’s 2014 power cables cartel decision. In October 2018, the High Court found that there had been no overcharge but awarded damages for "baked-in inefficiencies" and "cartel savings" plus simple (...)
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