Simon Holmes

UK Competition Appeal Tribunal (London)
Member

Simon Holmes is a member of the Competition Appeal Tribunal based in London. He is also an academic visitor at the Institute of European and Comparative Law and the Centre for Competition Law and Policy, Oxford University; an associate member of the UCL Centre for Law, Economics and Society; a legal adviser to the NGO, ClientEarth; and a non governmental adviser to UNCTAD helping develop an agreement on international cooperation in competition enforcement. Until the UK left the EU last month he was also a non governmental adviser to the European Commission for the International Competition Network. Before joining the Competition Appeal Tribunal, he worked as a lawyer at SJ Berwin/King & Wood Mallesons in London between 1994 and 2016, firstly as a Partner but more latterly as Head of UK department, European Head and Global Head of Competition. He currently teaches competition law at Oxford University and is a regular writer, speaker and chair on competition law and regulatory matters at conferences and seminars around the world. He has a particular interest in competition law and sustainability and is writing and speaking on this on a regular basis.

Linked authors

French Cour de cassation (Paris)
Université Versailles Saint-Quentin-en-Yvelines
Milan Court of Appeal
University of Palermo
Paris Commercial Court
Frieh Associés (Paris)
Université Toulouse 1 Capitole
Audiencia Nacional (Madrid)

Videos

Simon Holmes (Competition Appeal Tribunal)
Simon Holmes 28 March 2019 Paris

Articles

1048 Bulletin

Simon Holmes, Sir Marcus Smith QC Rights of defence and competition law: An overview of EU and national case law

1048

Decisions of the Commission are reviewable for their legality under Article 263 of the Treaty on the Functioning of the European Union (“TFEU”). It is not necessary to set out the full range of decisions that are capable of challenge under Article 263 TFEU, but they include (purely by way of example) decisions concerning infringements of Article 101 TFEU (anti-competitive agreements) and 102 TFEU (abuse of dominance) and decisions regarding mergers. One of the more important bases for the challenge of Commission decisions is the failure to respect the “rights of the defence”.This foreword seeks to explore the recent EU case-law in this area. It does so in a comparative law fashion, comparing the EU approach with the (in formal terms different, but in substantive terms, similar) approach in the UK.

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