Ashurst (London)

Euan Burrows

Ashurst (London)
Lawyer (Partner)

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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1319 Bulletin

Euan Burrows, Duncan Liddell The UK Competition Appeal Tribunal certifies the first competition class action on behalf of 46 million consumers who suffered loss as a result of anti-competitive interchange fees imposed by a payment company between 1992 and 2008 (Merricks / MasterCard)


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. (...)

Euan Burrows, Max Strasberg The UK Supreme Court lowers the bar on certification for collective actions by dismissing a credit card company’s appeal (Merricks / Mastercard)


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 (...)

Euan Burrows, Max Strasberg The UK Court of Appeal dismisses an appeal relating to the evidential weight to be given to recitals to an EU Commission infringement decision issued under the settlement procedure (Trucks cartel)


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 (...)

Euan Burrows, Neil Cuninghame, Alexi Dimitriou, Duncan Liddell, Nigel Parr, Steven Vaz The UK Government lowers the notification thresholds of merger control and issues guidance on these changes


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 (...)

Euan Burrows, Neil Cuninghame, Laura Carter, Steven Vaz The UK High Court disqualifies a company director for taking part in a competition law breach in the real estate sector (Michael Martin)


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 (...)

Euan Burrows, Nigel Parr, Alexi Dimitriou, Neil Cuninghame The UK Competition Authority clarifies that the UK merger control regime is still operating despite the COVID-19 pandemic


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 (...)

Euan Burrows, Steven Vaz The UK Government publishes a procurement policy note which sets out guidelines to contracting authorities on responding to the impact of COVID-19 when carrying out regulated procurement activities


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 (...)

Max Strasberg, Euan Burrows, James Levy The UK Court of Appeal slashes a cartel follow-on damages award and emphasises claimants’ burden to prove losses in a claim brought by power cable manufacturers for market-sharing and customer allocating (BritNed / ABB)


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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