Shearman & Sterling (London)

James Webber

Shearman & Sterling (London)
Partner

James Webber is a partner in the antitrust practice in the Brussels and London offices of Shearman & Sterling. 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.

Distinctions

Auteurs associés

Shearman & Sterling (Brussels)
Shearman & Sterling (Riyadh)
Shearman & Sterling (New York)
Shearman & Sterling (Abu Dhabi)
Shearman & Sterling (Dubai)

Vidéos

James WEBBER (Shearman & Sterling)
James Webber 19 mai 2022 London
James Webber (Shearman & Sterling)
James Webber 8 octobre 2018 Bruxelles

Articles

8904 Bulletin

Jonathan Swil, James Webber, Matthew Readings, Matther Skinner, Alex Bevan, Chris Collins The UK Supreme Court rules that litigation funding agreements are damage-based agreements and are likely unenforceable (Trucks Cartel)

85

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the claimant are damages-based agreements (“DBAs”) for the purposes of s58AA (...)

Matthew Readings, James Webber, Elvira Aliende Rodriguez, Sylvain Petit, Alexandre Kohler The EU Court of Justice resurrects an old doctrine to permit the challenge of completed mergers that fall outside the merger thresholds under Art. 102 TFEU (Towercast)

157

Overview The European Court of Justice (CJEU) brought back to life an old theory which allows acquisitions, which fall below EU and national merger control thresholds, to be challenged post-completion under abuse of dominant position rules (Article 102 TFEU). The judgment creates yet another (...)

Elvira Aliende Rodriguez, Matthew Readings, James Webber, Jonathan Cheng, Sylvain Petit, Mark Steenson The EU Parliament and Council see the entry into force of their new Foreign Subsidies Regulation which protects the distortion of competition within the internal market

170

The EU Foreign Subsidies Regulation (FSR) entered into force on 12 January 2023. It represents a massive expansion in the European Commission’s power to investigate inward investment to the EU. This new regulation—the first of its kind in the world—attempts to assert control over subsidies (...)

Elvira Aliende Rodriguez, James Webber, Matthew Readings, Ruba Noorali The EU General Court rejects an appeal against a €28M fine imposed by the Commission for breach of EU gun jumping rules (Canon)

530

On 18 May 2022the European General Court rejected Canon’s appeal against a €28 million fine imposed by the European Commission in 2019 for its breach of EU gun-jumping rules, just a few months after a similar judgment therefore vindicating the Commission’s aggressive stance on such breaches. (...)

James Webber, Matthew Readings, Ben Gris, Simon Thexton The UK Government publishes the outcome of a consultation on reforming competition and consumer policy which is expand the Competition Authority’s merger control powers

20

The U.K. Competition and Markets Authority (CMA) is expected to be granted wider jurisdictional powers for merger control enforcement in legislative proposals mentioned in today’s Queen’s Speech. The powers derive from the outcome of a consultation on reforming competition and consumer policy (...)

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

384

This article has been nominated for the 2023 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

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)

341

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

168

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

199

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. (...)

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)

393

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 focused on digital advertising and signals a new path for a UK clampdown on Big Tech due to the current inadequate competition law toolkit

503

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 (...)

James Matthews, Matthew Readings, Elvira Aliende Rodriguez, James Webber, Ruba Noorali, Jonathan Swil The UK Supreme Court gives an important judgment in the litigation regarding two payment platform providers’ interchange fees (Sainsbury’s / Visa / Mastercard)

68

Introduction The U.K. Supreme Court has handed victory to a group of British retailers (the “respondents”) in a long-running dispute with Mastercard and Visa Europe (the “appellants”) finding that the default “multilateral interchange fees” (MIFs) set by Mastercard and Visa and charged by (...)

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)

85

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

244

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

517

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 €28M fine on a Japanese manufacturer of imaging and optical products for gun-jumping (Canon / Toshiba Medical Systems)

1244

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 (...)

David A. Higbee, James Webber The US House of Representatives Judiciary Committee approves a bill which would open up OPEC nations to antitrust scrutiny by removing sovereign immunity

27

On Thursday, 7th February, the Judiciary Committee of the U.S. House of Representatives approved the No Producing and Exporting Cartels Act 2019 (NOPEC), potentially setting up a vote by the full House. NOPEC was followed by similar bill, introduced in the Senate by Republican Senator Chuck (...)

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)

912

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 (...)

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)

465

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)

566

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)

451

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 (...)

Livres

Statistiques


14350
Total des visites

478.3
Nombre de lectures par contribution

30
Nombre de contributions

Classement de l'auteur
325ème
En nombre de contributions
728ème
En nombre total de visites
4238ème
En nombre moyen de visites
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