Frances M. Murphy

Morgan Lewis (London), Morgan Lewis (Brussels)
Lawyer (Partner)

Frances Murphy has considerable competition law experience representing clients in behavioral and transactional matters across a range of markets. On the behavioral side, her practice focuses on defending leading cartel cases, market sharing and patent settlement arrangements, and alleged abuses of dominant position. As a transactional lawyer, she has considerable experience with mergers and acquisitions, restructurings, joint ventures, and other strategic alliances, as well as with licensing of intellectual property rights. Frances leads the London competition law practice. She has defended clients in the recent European Commission investigations of price-fixing in the aviation and maritime shipping industries. She has participated in sector inquiries by the EU, the UK Competition Commission, and the Office of Fair Trading in the grocery, insurance, pharmaceuticals, and construction sectors. On the transactional side, she has represented AstraZeneca Plc, Crompton (now Chemtura), Inmarsat, Interoute Communications, and Persimmon Plc in acquisitions, joint ventures, and investments. Frances is a Fellow of the Centre for International Legal Studies and a member of the British Institute of Advanced Legal Studies, the Competition Law Forum, the Competition Committee of the International Chamber of Commerce, the European Federation of Pharmaceuticals Association, and the Law Society European Solicitors Group. She is party to a respected think tank on the European Commission on EU Competition Law and legislative change. She is a contributing editor of the State Regulation section of one of the leading U.K. competition law textbooks. Frances is identified as a leading competition lawyer by Chambers, Legal 500, and PLC Which lawyer?

Distinctions

Linked authors

4-5 Gray’s Inn Square
Cadwalader Wickersham & Taft (Brussels)
Jones Day (London)
Squire Patton Boggs (London)
British Airways (Harmondsworth)
London School of Economics
Jones Day (London)
British Competition Authority - CMA (London)

Articles

12347 Bulletin

Michael Zymler, Frances M. Murphy, Joanna Christoforou The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak

19

The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

Frances M. Murphy, Joanna Christoforou, Emma Walsh The UK Supreme Court finds payment card schemes used in supermarkets infringing competition law (Sainsbury’s / Visa & MasterCard)

74

On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC and Others (Appellants) and Sainsbury’s Supermarkets Ltd and Others (...)

Rebecca Yourstone, Frances M. Murphy, Joanna Christoforou The EU Commission announces the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the agri-food industry during the COVID-19 outbreak

175

The European Commission (EC) on May 4 announced the adoption of exceptional derogations from EU competition rules to allow certain types of cooperation in the following sectors: milk and milk products, potatoes, and live plants and flowers, as part of a wider package to support the agri-food (...)

Frances M. Murphy, Joanna Christoforou, Rebecca Yourstone The UK Parliament adopts a dairy produce order which aims at relaxing UK competition law on certain aspects of cooperation between dairy suppliers and service producers to deal with the issues in the supply chain caused by the COVID-19 pandemic

52

The UK Parliament on May 1 adopted the Dairy Produce Order, which temporarily relaxes the application of UK competition law to certain types of cooperation between either dairy produce suppliers or logistic service providers to address issues in the supply chain caused by the ongoing (...)

Joanna Christoforou, Frances M. Murphy, Christina Renner, Izzet Sinan The EU Commission provides antitrust guidance to companies cooperating in response to urgent COVID-19 related matters especially in the health sector for critical hospital medicines and medical equipment

364

The European Commission has provided antitrust guidance to companies cooperating in response to urgent coronavirus (COVID-19) related matters, particularly in the health sector for critical hospital medicines and medical equipment, and has also exceptionally issued a “comfort letter” on a (...)

Joanna Christoforou, Christina Renner, Izzet Sinan, Frances M. Murphy The EU Commission publishes its first comfort letter to foster cooperation among businesses in the pharmaceutical sector during COVID-19 pandemic

100

The European Commission published its first comfort letter in nearly 20 years on April 29, in an effort to foster cooperation among businesses during the coronavirus (COVID-19) pandemic. Here is what companies should know about the specific practices permitted under the comfort letter, as well (...)

Frances M. Murphy, Francesco Liberatore, Lynette Zahn The UK OFT publishes updated guidelines on its decisionmaking processes, in preparation for a wider reform of the UK competition law regime

87

The UK Office of Fair Trading ("OFT") has published updated guidelines on its decisionmaking processes, in preparation for a wider reform of the UK competition law regime. The goals of the OFT’s revised procedures are quicker and fairer decisions by the OFT in enforcing UK and EU antitrust (...)

Frances M. Murphy, Francesco Liberatore, Marguerite Lavedan The EU Commission signs an agreement with the Swiss Competition Authority to strengthen cooperation between them and enable the exchange of information on antitrust matters

90

The European Commission (EC) and the Swiss Competition Commission (SCC) have signed an agreement to strengthen cooperation between them and enable the exchange of information on antitrust matters. The agreement will enter into force once it has been approved by the European Parliament and the (...)

Frances M. Murphy, Francesco Liberatore The EU General Court confirms that leniency documents produced under the Commission’s leniency program are not exempt from disclosure in civil actions (Energie Baden-Württemberg)

317

A recent ruling from the EU General Court ("General Court") in EnBW Energie Baden-Württemberg AG v Commission confirms that leniency documents produced under the European Commission’s ("Commission") leniency program are not exempt from disclosure in civil actions in the EU. Earlier this year, the (...)

Frances M. Murphy, Francesco Liberatore The EU Court of Justice rules that EU law does not exempt leniency documents lodged with national competition agencies from requests for disclosure in private actions (Pfleiderer)

160

On 14 June 2011, the European Court of Justice ("ECJ") ruled that EU law does not exempt leniency documents lodged with national competition agencies ("NCAs") from requests for disclosure in private actions. In a reference for preliminary ruling from a German court, Pfleiderer v (...)

Frances M. Murphy, Matt Evans, Stephen Brown, Tom Bainbridge The UK Court of Appeal holds that the UK Competition Appeal Tribunal has no discretion to extend limitations period for follow-on actions against alleged cartelists (BCL, BASF)

1125

On 12 November 2010, the Court of Appeal for England and Wales ruled that the UK Competition Appeal Tribunal (CAT) does not have discretion to extend the time period within which follow-on actions for damages may be commenced. The Court of Appeal’s judgment provides important clarification of (...)

Frances M. Murphy, Matt Evans, Stephen Brown The UK CAT clarifies timing rules for follow-on private antitrust actions for damages against cartel participants (BCL / BASF)

662

On 19 November 2009, the UK Competition Appeal Tribunal (“CAT”) confirmed the test it will apply when assessing whether to extend the time limit by which claimants may commence follow-on actions for damages before the CAT once there has been a finding of a breach of UK or EU competition law. The (...)

Frances M. Murphy, Matt Evans The EU Commission fines cartellists in a plastic additives sector highlighting the risk of "facilitating" cartel participation (AC-Treuhand)

1243

On 11 November 2009, the European Commission (the « Commission ») fined 24 companies a total of € 173 million for operating cartel arrangements in the plastic additive sector. The companies fixed prices, shared customers, allocated markets, and exchanged sensitive commercial information for tin (...)

Frances M. Murphy, Tom Bainbridge The EU Court of Justice reverses the Commission decision regarding the legality of dual pricing arrangments between leading pharmaceutical undertaking and Spanish wholesalers (GlaxoSmithKline)

2081

On 6 October 2009, the European Court of Justice (ECJ) issued its judgment in the long-running wrangle regarding the legality of GlaxoSmithKline’s (GSK) dual pricing arrangements with Spanish pharmaceutical wholesalers. As a result of the judgment, the European Commission (Commission) will have (...)

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