Practices in London — Competition and European Union Law

Commercial transactions and disputes are increasingly international and take effect in a number of countries. They regularly not only concern rules and regulations in various jurisdictions, but very often also have an European Union (EU) law component.

From our London, Paris and Milan offices, we assist clients on matters concerning EU and national competition law and general EU law. We deal with the European Commission and national competition authorities. Matters include:

Merger Control

Working closely with colleagues in Orrick’s otherEuropean and US offices, we advise on, manageand implement EU and national merger control procedures, including: assessing the legal and economic impact of proposed mergers; premerger negotiations; filing of notifications; filing submissions opposing merger transactions; representation at oral hearings; post-notification negotiations.

Commercial Agreements and Competition Law

We advise on the enforceability of commercial agreements in light of EU and national competition law and negotiate and draft agreements, such as distribution systems, including franchise networks, exclusive supply and purchasing agreements, software licensing agreements, technology transfer agreements and pricing policies.

Competition Litigation

We represent clients in regulatory and court proceedings for the enforcement of competition law, including defending participants in cartel and other investigations, including leniency applications, preparing and filing complaints, damages assessments and actions, competition law compliance programmes and audits.

European Union Law

We advise on all aspects of EU law, especially those relating to Single Market issues. These includeproduct authorisation, parallel imports and other free movement issues, advertising and marketing law,including review of copy and bringing or defending complaint actions, provision of services and freedom of establishment, in particular in the banking sector, environmental laws, particularly related to packaging, electrical equipment and chemicals, public procurementprocedures and compliance and data protection compliance, including data transfers to the United States.

Representative assignments include acting for:

Competition Law

• The Walt Disney Company in objecting to the AOL/Time Warner/EMI merger.
• A mining company in analysis and structuring of production and commercialisation joint venture.
• DreamWorks in a European Commission investigation into the supply of premium movie content to pay-TV broadcasters in Europe.
• A complainant new entrant electricity supplier in the markets for the production and transmission of electricity.
• A new entrant telecom operator on UK telecoms regulatory compliance and sales and marketing compliance, including participation in an Ofcom Phase II review.

EU Law

• A branded goods supplier in bringing and defending challenges for misleading or unfairly comparative advertising.
• A Portuguese bank, in establishing a bank branch in the United Kingdom.
• A chemical products supplier in analysing the impact of the proposed REACH legislation.
• A chemical products supplier in data protection audit and compliance programme.