Herbert Smith Freehills (London)

Stephen Wisking

Herbert Smith Freehills (London)
Lawyer (Partner)

Stephen practises in all aspects of competition law. He has extensive experience in contentious competition matters including cartels, market investigations and competition litigation (follow-on damages, stand-alone litigation and regulatory appeals) as well as providing non-contentious strategic competition advice and advising on mergers. He has been involved in competition disputes since the start of his career and has been involved in numerous cases in the Competition Appeal Tribunal (CAT) since its inception in 2001. He is a qualified solicitor advocate and has appeared as an advocate in the CAT. His particular sectoral experience is in relation to media (particularly broadcasting), telecoms, energy and pharmaceuticals and professional services. Stephen works on large and complex competition and economic regulatory disputes and investigations involving highly technical expert evidence.

Distinctions

Linked authors

Novartis (Basel)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (Brussels)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)
Herbert Smith Freehills (London)

Articles

1659 Bulletin

Stephen Wisking, Kyriakos Fountoukakos, Daniel Vowden, Juliana Penz The UK Competition Authority releases a market study on online platforms and digital advertising

86

In July 2020, the UK’s Competition and Markets Authority (“CMA”) published its market study final report “Online platforms and digital advertising” (“Report”) (see the Report here). The Report includes significant recommendations on the future regulation of platforms funded by digital advertising, (...)

Kyriakos Fountoukakos, Stephen Wisking, André Pretorius, Kristien Geeurickx The EU Commission publishes a Temporary Framework for assessing antitrust issues relating to business cooperation as a response to the urgency stemming from the COVID-19 pandemic

227

On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework). The Commission recognises the exceptional challenges faced by (...)

Ruth Allen, Kyriakos Fountoukakos, Stephen Wisking The UK Court of Appeal seeks to reinstate record fines totaling £89.4million imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)

119

On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

Kyriakos Fountoukakos, Stephen Wisking, Kristien Geeurickx The UK Government provides a withdrawal agreement for the Competition Authority’s merger control during the Brexit transition period and after

43

On 31 January 2020, at 11pm GMT, the UK ceased to be a Member State of the EU and the transition period provided for in Article 126 of the Withdrawal Agreement started to run. This briefing looks at the provisions in the Withdrawal Agreement that are relevant for merger control, both during the (...)

Stephen Wisking, Susan Black, Kyriakos Fountoukakos, Kristien Geeurickx The UK Competition Authority disqualifies three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services market (Robb Simms-Davies / Trevor Hall / Oliver James Hammond)

31

On 10th May 2019 the CMA secured the disqualification of three former directors of companies involved in a bid rigging cartel in the design, construction and fit-out services sector. The three directors have given legally binding disqualification undertakings under which they will be banned (...)

Kyriakos Fountoukakos, Kristien Geeurickx, Stephen Wisking The EU Court of Justice holds that the principles applied in order to determine the relevant entities for liability for fines should also be applied to determine the relevant entities liable for damages under private damages claims (Vantaan kaupunki / Skanska)

39

In a preliminary ruling request made by the Finnish Supreme Court on the question of the relevant entities liable for damages, the Court of Justice of the EU (CJEU) held that principles applied in order to determine the relevant entities for liability for fines under Articles 101 and 102 TFEU (...)

Stephen Wisking, Veronica Roberts, Kyriakos Fountoukakos, Kristien Geeurickx The UK Competition Appeal Tribunal upholds the Competition Authority’s first infringement decision for breach of an interim order in a merger investigation (Electro Rent)

26

On 11 February 2019 the Competition Appeal Tribunal (CAT) upheld the CMA’s first infringement decision for breach of an interim order imposed on a completed merger under investigation. Electro Rent had served a break notice on the lease of its UK premises without first seeking the CMA’s consent (...)

Stephen Wisking, Susan Black, Kyriakos Fountoukakos, André Pretorius The UK Competition Appeal Tribunal hands down its judgement upholding the Competition Authority’s decision that online sales ban constituted a restriction of competition by object (Ping)

13

On 7 September 2018, the Competition Appeal Tribunal ("CAT") handed down its judgment in Ping upholding the Competition and Market Authority ("CMA")’s decision that Ping’s online sales ban ("OSB") constituted a restriction of competition by object under EU and UK competition law. The aim of (...)

Stephen Wisking, Kristien Geeurickx, Kyriakos Fountoukakos The EU General Court confirms that a bank investor was jointly and severally liable for the conduct of one of the cartelists (Goldman Sachs)

19

The General Court’s ruling in Goldman Sachs’ appeal in the power cables cartel confirms that the bank was jointly and severally liable for the conduct of Prysmian, one of the cartelists, because of the nature of its investment in the company. The General Court confirmed that the Commission was (...)

Stephen Wisking, Kyriakos Fountoukakos, Kristien Geeurickx The EU Court of Justice provides guidance on the standstill obligation which prevents parties from implementing their transaction before the EU Commission issues a clearance decision (Ernst & Young)

32

For the first time since the EU Merger Regulation (EUMR) came into force the Court of Justice of the EU (CJEU) has provided guidance on the scope the standstill obligation (Article 7(1) EUMR) which prevents parties implementing their transaction before the EU Commission issues a clearance (...)

Kim Dietzel, Stephen Wisking The UK Competition Appeal Tribunal allows the first class action brought under the competition law collective redress regime and continues providing some clarifications on important aspects of the regime (Dorothy Gibson / Pride Mobility Products)

45

Already, 2017 has seen significant developments in the UK’s competition litigation landscape. Most recently, last Friday the Competition Appeal Tribunal (CAT) allowed the first ’class action’ brought under the new competition law collective redress regime to continue, at least for now, providing (...)

Kim Dietzel, Stephen Wisking The UK Competition Appeal Tribunal awards £8.6 million damages and finds that an undertaking setting of UK multilateral interchange fees for its payment cards infringed national and EU competition law on anti-competitive agreements (Sainsbury’s / MasterCard)

29

On 14 Jul the UK Competition Appeal Tribunal (CAT) issued its judgment in the damages claim brought by Sainsbury’s against MasterCard. The CAT found that MasterCard’s setting of UK multilateral interchange fees (MIFs) for its payment cards infringed the Article 101 TFEU/Chapter I prohibition on (...)

Stephen Wisking The UK Competition Authority issues a short form opinion clarifying the application of competition law to recommendations by two rural associations to their members concerning the prices to be charged for access to land (Broadband Wayleave Rates)

183

Introduction The Office of Fair Trading (’OFT’) in a Short Form Opinion dated 23 August 2012 has indicated that a proposed price recommendation to be made by two rural associations, the National Farmers’ Union (NFU) and the Country Land and Business Association (CLA) (collectively the Parties) (...)

Stephen Wisking The UK Office of Fair Trading seeks undertakings in lieu of a referral to the Competition Commission in an anticipated acquisition of a company providing waste management, processing and related services to the medical sector (Cliniserve / SRCL)

76

All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. On 21 November 2008, the Office of Fair Trading (the "OFT") announced its decision to seek undertakings from SRCL Limited (" SRCL") in (...)

Stephen Wisking The Court of Appeal of England and Wales confirms that a combination of vertical contacts between a manufacturer and retailers can spill over into a horizontal agreement between the retailers, even where there has been no direct contact between them (Argos / Littlewoods / JJB)

80

All views expressed are strictly personal views of the author. The present case note does not constitute legal advice and should not be relied on as such. On 19 October 2006, the Court of Appeal issued its ruling in an appeal involving Argos, Littlewoods and JJB under the Competition Act (...)

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