Shearman & Sterling (London)

James Webber

Shearman & Sterling (London)
Partner

James Webber is a partner in the Antitrust practice in Brussels and London. He focuses on EU and UK merger control, antitrust, State aid and subsidy control law. James’s competition practice is focused on merger control, joint ventures, cooperative agreements and antitrust litigation. He also has a significant practice in subsidy control / State aid and is consistently rated as one of Europe’s leading lawyers in this field. James is one of The Lawyer’s "Hot 100" 2022, the top 100 lawyers in any field selected for excellence within and relevance to the legal profession in the UK.

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Shearman & Sterling (New York)
Shearman & Sterling (Brussels)
Shearman & Sterling (Washington)
Shearman & Sterling (London)
Shearman & Sterling (Shanghaï)

Videos

James Webber (Shearman & Sterling)
James Webber 8 October 2018 Bruxelles

Articles

6753 Bulletin

Elvira Aliende Rodriguez, Matthew Readings, James Webber, Ruba Noorali The EU General Court overturns the Commission’s decision to fine a semiconductor chip manufacturer €1.06 billion for abusing its dominant position (Intel)

279

On 26 January 2022 the General Court (GC) issued its latest judgment in the Intel case, faulting fundamental aspects of the Commission’s original decision almost 13 years prior. The judgment’s findings are promising for pending cases appealing similar issues, including the application of the “as (...)

Matthew Readings, James Webber, Elvira Aliende Rodriguez, Jonathan Swil, James Matthews The UK Competition Appeal Tribunal certifies a well-publicized class action litigation against a financial services company (Merricks / Mastercard)

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The U.K. Competition Appeal Tribunal (CAT) last week certified the well-publicized Mastercard class action litigation. In our previous article (See Chris Collins, Elvira Aliende Rodriguez, Jonathan Swil, Ozlem Fidanboylu, The UK Supreme Court gives guidance on collective proceedings in (...)

James Webber, Mark Steenson, Margaret Clare Ryan, Garreth Wong The EU Commission launches an in-depth investigation to assess whether the payment of an ICSID arbitral award in favor of Luxembourg and Dutch investors complies with EU rules on State aid (Antin)

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Key Takeaways International investment protection is based on treaty obligations between sovereign states. State parties to those treaties enter into international obligations with one another for the protection of foreign investors and their investments—including the obligation to submit to (...)

James Webber, Sara Ashall, Matthew Readings, Edward Rarity, Elvira Aliende Rodriguez The UK Government announces long-awaited and extensive reforms to the foreign investment regime

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On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification regime alongside broader “call-in” powers for the Secretary of State. The (...)

Elvira Aliende Rodriguez, James Webber, Ozlem Fidanboylu, Susanna Charlwood, Jonathan Swil The UK Supreme Court hands down a judgment in a competition damages lawsuit and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Secretary of State for Health / Servier Laboratories)

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Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of (...)

Matthew Readings, James Webber, Sara Ashall The UK Competition Authority publishes a series of regulatory initiatives aimed at online platforms focussed on digital advertising and signals a new path for UK clampdown on big techs due to the current inadequate competition law toolkit

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On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focussed on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same (...)

Matthew Readings, James Webber, Sara Ashall, Edward Rarity The UK Competition Authority publishes a statement outlining a series of regulatory initiatives aimed at tech giants (Google / Facebook)

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On 1 July 2020, the U.K. Competition and Markets Authority (CMA) published a statement outlining a series of regulatory initiatives aimed at Google and Facebook, focused on digital advertising. This follows the release of the CMA’s report on digital advertising and online platforms the same day. (...)

Sara Ashall, Elvira Aliende Rodriguez, Matthew Readings, James Webber The EU General Court annuls the Commission’s decision prohibiting a merger between two telecommunication companies (Telefónica UK / Hutchison 3G UK)

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Under the leadership of Margrethe Vestager, the European Commission has taken an increasing interventionist stand across all areas of antitrust enforcement, in particular in merger control. The EU’s General Court dealt that aggressive agenda a massive blow by annulling the first of her many (...)

Alfred Kossmann, James Webber, Ruba Noorali, Elvira Aliende Rodriguez The EU Commission introduces a Temporary Framework which enables governments to offer extensive State-backed loans to the aviation industry affected by COVID-19

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Although the EU’s introduction of a Temporary Framework has enabled governments to offer extensive State-backed loans, the airline industry needs more than just credit—it will need equity. However, State aid to the aviation industry is strictly regulated by the European Commission (the (...)

James Webber, Ruba Noorali, Sara Ashall, Matthew Readings, Elvira Aliende Rodriguez The EU Commission announces a major relaxation of the State aid rules via a new Temporary Framework during the COVID-19 outbreak

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How will European Competition Enforcers Respond? The COVID-19 pandemic presents an unprecedented challenge to the economy and competition enforcement is no exception. Authorities at EU and national level may need to consider novel solutions to respond to rapidly evolving problems and to (...)

Sara Ashall, James Webber, Matthew Readings The EU Commission imposes a fine of €28 million for “gun-jumping” on a Japanese manufacturer of imaging and optical products (Canon / Toshiba)

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This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On 27 June 2019 the European Commission imposed a fine of €28 million on the Japanese imaging and optical products manufacturer Canon for “gun-jumping” by using a (...)

Geert Goeteyn, James Webber, Matthew Readings, Ruba Noorali The EU Commission considers potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology (Bayer / Monsanto)

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The European Commission has routinely considered potential harm to innovation as part of its merger assessments, particularly in R&D driven sectors such as pharmaceuticals and technology. In recent years, however, the Commission’s traditional innovation concerns have developed into broader, (...)

George Milton, James Webber The EU Court of Justice decides EU merger control rules can only apply to joint control transactions if the resulting entity is a ‘full-function’ joint venture (Austria Asphalt)

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On September 7, 2017, the European Court of Justice (ECJ) decided that, where joint control is acquired over a new or existing undertaking (or parts of an undertaking), that transaction can only fall within the scope of the EU Merger Regulation (EUMR) where the resulting entity will be (...)

Geert Goeteyn, James Webber, Matthew Readings The EU Commission sends a statement of objections to a company to investigate whether a merger was implemented before the Commission’s clearance (Altice / PT Portugal)

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When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction. This means that until clearance is obtained, companies should continue to operate independently (including (...)

Geert Goeteyn, James Webber, Stephen Mavroghenis The German Supreme Court rejects an appeal against an order from a lower Court awarding damages because of losses suffered due to an anticompetitive clause in an agreement (Dornbracht)

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The luxury bathroom fittings manufacturer Dornbracht has lost its appeal to the German Supreme Court against an order from a lower court awarding damages of €820,000 to a retailer because of losses suffered due to an anticompetitive clause in Dornbracht’s distribution agreements. The case is (...)

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