
Malcolm was educated at Cambridge and Brussels Universities and joined Slaughter and May in 1972. He became a partner in 1982, is based in London and leads our Competition practice.
He has dealt with obtaining regulatory clearance from the European Commission for a number of high profile mergers and acquisitions, including both Phase II “serious doubts” cases and Phase I cases settled by undertakings. Recent cases include Ineos/Innovene/BP Dormagen, cleared unconditionally following a Phase II investigation, and he is currently acting for BHP Billiton on their proposed merger with Rio Tinto. He represented Airtours (MyTravel) in its appeal to the CFI against the decision prohibiting its proposed merger with First Choice, the first time a merger party has successfully challenged a prohibition decision under the ECMR.
On the UK front, he has extensive experience before the OFT and the Competition Commission, including both merger and monopoly inquiries. He has been involved in Competition Commission mergers in sectors as diverse as publishing, banking, cruising, mail order, stock exchanges, sauces and soft drinks.
He has extensive experience in cartel cases in both the EU and the UK.
Malcolm also has particular experience in utilities regulation, stemming initially from his involvement in the regulatory and competition aspects of many privatisations, including gas, electricity and railways.
On the contentious front, he has been engaged in a number of landmark cases before the European Commission and the European Courts. In addition to MyTravel (who is currently seeking damages from the Commission in respect of its wrongly prohibited merger), he has advised Unilever in proceedings before the ECJ and in other fora relating to their ice-cream distribution policies.
He is described by Chambers as "a towering figure in the market, with a widely admired practice", and is a "star individual" practitioner, the top ranking awarded by Chambers.