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Competition

Enyo Law offers commercial and specialist strategic advice to a range of clients involved in competition claims, both to clients who are the subject of regulatory investigations and those seeking redress from regulators and other related parties.

Our experience includes acting in abuse of dominance and cartel cases, and pricing disputes, to advising clients in the context of unfair competition claims, regulatory investigations, economic regulation and super-complaints. We have acted for clients in industries as diverse as the aviation, manufacturing, telecommunication, and life science industries.

We advise clients in all types of competition litigation and at every stage of proceedings, including:

  • Pre-action conduct
  • Applications for interim measures
  • Defence of super-complaints
  • Actions for damages
  • Appeals against decisions of national competition and regulatory authorities
  • Judicial review.

In addition to competition litigation before the Competition Appeal Tribinal and English Courts, we are often involved in regulatory investigations and have represented clients in dawn raids at national and EU level. We regularly make submissions on behalf of clients to consultations in the context of economic regulation and have acted for clients in private arbitrations and those administered by the London Court of International Arbitration (LCIA). We also participate on behalf of our clients in other forms of alternative dispute resolution.

We are at the forefront of ongoing developments in competition litigation, such as follow-on civil damages claims and collective redress. We have first-hand experience in structuring and managing complex group litigation as well as providing such groups with advice on how to mitigate the risk of litigation by way of ATE Insurance policies and/or Third Party Funding agreements.

Recent examples of our work

  • Defending a foreign airline in proceedings initiated by a domestic airport in relation to unpaid check-in and baggage fees. The defence and counterclaim were centred on the allegation that the charges were discriminatory and unlawful in breach of The Airport (Groundhandling) Regulations 1997, and Articles 101 and 102 TFEU.
  • Representing an airline in a claim against a foreign airport which involved allegations of State aid.
  • Representing a foreign airline against a foreign airport authority in relation to unpaid contractual bonus fees due from the airport authority to the airline.
  • Acting for the respondent foreign telecoms regulator in relation to two arbitrations against it by a telecoms provider, operating in a dominant position, in relation to the regulator's measures to increase competition.
  • Acting for the NHS in a dispute concerning the supply of generic drugs and claiming damages for anti-competitive price-fixing agreements between the Defendants.
  • Representing the claimant foreign airline in proceedings against a foreign petrochemical company in relation to unlawfully inflated prices for aviation fuel arising from an established cartel of aviation fuel suppliers in Italy.
  • Representing the claimant foreign chemical company in a dispute about whether a long-term supply contract worth several million in US dollars was in breach of Article 101 TFEU.