Competition

Our key experience includes advising:

Bertelsmann in relation to the European Commission's review of the Sony BMG joint venture (combining the recorded music businesses of Sony and Bertelsmann), as cleared unconditionally by the Commission at Phase II in October 2007. The merger had first been approved by the Commission in 2004; following the annulment of this approval by the Court of First Instance in 2006, the Commission conducted an in-depth re-assessment of the merger, confirming the approval.

Heinz on the Competition Commission inquiry in relation to its completed acquisition of HP Foods Group. The acquisition was cleared unconditionally by the Competition Commission.

British Airways in relation to the European Commission’s investigation into alleged cartel activity involving a number of airlines and cargo operators active in the provision of air freight services. Also advising British Airways in relation to the OFT’s criminal and civil investigations into alleged cartel activity involving passenger fuel surcharges on long-haul flights. Advising on the settlement of the civil investigation with the OFT.

Asda on the OFT investigation into the supply of dairy products in the UK. Also advising Asda on the Competition Commission’s market inquiry into the groceries market.

Thomson Directories in connection with the market inquiry into classified directory advertising services - this also has involved parallel complaints filed with Ofcom for excessive pricing of OSIS data by BT and a Competition Act complaint against BT for bundling.

MyTravel on its damages claim to the European Court of Justice against the European Commission’s decision prohibiting its acquisition of the tour operator First Choice. We represented MyTravel (then Airtours) in the original merger case and in the subsequent appeal against the unlawful prohibition decision, which was annulled by the Court of First Instance in June 2002. The Court of First Instance had never ruled on a claim for damages brought against the European Commission where it has wrongly prohibited a merger.

Coats Holdings in relation to an appeal to the Court of First Instance and an appeal to the European Court of Justice for alleged cartel involvement in the needles and haberdashery market respectively.

Unilever on its appeal to the European Court of Justice against the judgment of the Court of First Instance upholding the European Commission decision in relation to the practice of freezer cabinet exclusivity in the impulse ice-cream market.  Slaughter and May has acted for Unilever throughout this long-running case, including proceedings before the Irish High Court and the Irish Supreme Court, the European Commission, the Court of First Instance and the European Court of Justice.

ICL on its successful defence against a complaint made to the OFT by Synstar Computer Services and against UK court proceedings launched by Synstar - the case resulted in the first High Court judgment made under the Competition Act 1998.

the UK Government in relation to the Public/Private Partnership (ie partial privatisation) of National Air Traffic Services (NATS), and on the competition and regulatory components of its composite solution post-9/11 - the group currently advises the UK Government on its continuing shareholder interest in NATS.