Ashurst (London)

Neil Cuninghame

Ashurst (London)
Lawyer (Partner)

Neil is a partner in the competition and EU law department in London and specialises in providing advice on all aspects of UK and EU competition law. This includes advising on EU, UK and other merger control regimes, acting for clients in relation to alleged anti-competitive practices and agreements before the European Commission, Competition and Markets Authority and other regulators, and advising on market investigations, competition law compliance, competition disputes and State aid issues. Neil advises clients across a wide range of industries including (amongst others) financial services, energy, resources, infrastructure, private equity, metals and mining, media and property services. Neil also advises on regulatory issues in the energy and water sectors, such as price control regimes, ownership unbundling and third party access ; and public procurement issues.


Auteurs associés

Ashurst (Sydney)
Ashurst (London)
Ashurst (London)
Ashurst (London)
Ashurst (London)


2948 Bulletin

Neil Cuninghame The UK Competition Authority fines suppliers of groundworks products to the construction industry for coordinating their commercial activities (Vp plc / M.G.F.)


On 17 December 2020, the CMA issued a decision finding that three UK-based suppliers of groundworks products to the UK construction industry had illegally colluded in order to reduce competition and maintain or increase prices, in breach of Chapter 1 of the Competition Act 1998 and Article 101 (...)

Neil Cuninghame, Denis Fosselard The EU Court of Justice rejects power cables appeal on dawn raid powers and successor liability and fines the company €104.6 million for taking part in an international cartel (Prysmian)


On 24 September 2020, the European Court of Justice ("ECJ") fully dismissed an appeal brought by Prysmian, therefore upholding the European Commission’s ("Commission") decision to fine Prysmian EUR 104.6 million for taking part in an international power-cable cartel. WHAT YOU NEED TO KNOW - KEY (...)

Euan Burrows, Neil Cuninghame, Alexi Dimitriou, Duncan Liddell, Nigel Parr, Steven Vaz The UK Government lowers the notification thresholds of merger control and issues guidance on these changes


Lower notification thresholds under UK merger control for certain additional sectors impacting national security entered into force on 21 July. The lower thresholds now cover transactions related to the development, production, supply or research of : artificial intelligence (new) cryptographic (...)

Denis Fosselard, Alexi Dimitriou, Neil Cuninghame The EU Commission fines ethylene purchasers for having colluded and exchanged information on purchase prices (Orbia / Clariant / Celanese / Westlake)


Fines for ethylene purchasing cartel On 14 July 2020, the European Commission ("Commission") fined ethylene purchasers Orbia, Clariant and Celanese EUR 260 million for having colluded and exchanged information on purchase prices on the ethylene merchant market with a fourth participant, (...)

Euan Burrows, Neil Cuninghame, Laura Carter, Steven Vaz The UK High Court disqualifies a company director for taking part in competition law breach in the real estate sector (Michael Christopher Martin)


The first competition disqualification order to come to trial has resulted in a company director, Michael Martin, being disqualified for seven years. In its judgment of 7 July 2020, the UK High Court found that Mr Martin had contributed to Gary Berryman Estate Agents’ breach of competition law (...)

Neil Cuninghame, Denis Fosselard, Peter Armitage, Nigel Parr, Christopher Eberhardt Mergers & COVID-19 : The impact on EU and national merger control


While some businesses may choose to delay transactions in light of Covid-19, many transactions will clearly continue and some of these will need to be completed with some urgency, in particular in cases of financial distress. Merger control regimes are still in operation, although there have been some changes, in particular to encourage parties to delay notifications. This note considers how merger control processes can best be navigated in times of crisis, for example, where the urgent completion of a transaction may be required, or the target is otherwise in significant financial difficulty.

Alexi Dimitriou, Neil Cuninghame, Christopher Eberhardt The UK Competition Authority uses the failing firm defence in a merger between a service provider and a food delivery supplier during the COVID-19 pandemic (Amazon / Deliveroo)


While some businesses may choose to delay transactions in light of Covid-19, many transactions will continue, in particular if the target is in financial distress. In such scenarios, the "failing firm defence" may be an available option for obtaining merger control clearance for transactions (...)

Euan Burrows, Nigel Parr, Alexi Dimitriou, Neil Cuninghame The UK Competition Authority clarifies that the UK merger control regime is still operating despite the COVID-19 pandemic


Whilst Covid-19 is not expected to lead to changes to the core legal and policy principles underpinning merger control regimes around the world, it is worth noting that : merger control regimes are still in operation, albeit filing processes and regulatory reviews may take a bit longer and some (...)

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