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Answers to 9 Thorny Questions: Directly from 7 QCs and Solicitors of Outstanding Ability
Against a backdrop of recent and live cases, where are the boundaries of dominance in multi-sided markets, including Epic v Apple, Merricks v Mastercard, Facebook ads investigation?
Answered by: Rhodri Thompson QC of Matrix Chambers
Rhodri is a contributor to Bellamy and Child, joint editor of “UK Competition Law: the new Framework”, Hon. Treasurer of the UKAEL and a former Chair of the Bar Council's EU Law Committee. He acted for Which? "follow on" consumer damages action over the Replica Kit cartel.
How is the risk-profile changing for anti-competitive behaviour in distribution systems, including geographical restrictions?
Answered by: Becket McGrath of Euclid Law
Becket specialises in defending companies against investigations, distribution issues and merger control. He is the author of "Handbook of Competition Enforcement Agencies" and one of Who's Who Legal's "Thought Leaders – Competition 2022".
How potent are the latest regulatory changes e.g. merger assessment, initial enforcement orders, the vertical agreement regime and how can you expect clients to react practically?
Answered by: Anneli Howard QC of Monckton Chambers
Anneli is Consultant Editor to UK Competition Procedure and Co-author of Lasok Millet and Howard on "Judicial Control in the EU." "Her wide-ranging experience of competition law enables her to look at cases from all angles and give really pragmatic advice."
What is the CMA's approach to excessive pricing and when it becomes an abuse, supported by case-law and practical examples?
Answered by: Bruce Kilpatrick of Addleshaw Goddard
Bruce is "a first-rate competition lawyer - bright, affable, hugely experienced and down to earth." He is the editor of "LIDC Contributions on Antitrust Law", a regular and highly sought-after commentator and a Competition Law Association committee member.
Which factors are carrying weight in technology and digital mergers, including novel markets (Facebook/Giphy), national security (NVIDIA-ARM) and deals the CMA did not look at?
Answered by: Kassie Smith QC of Monckton Chambers
Kassie is "brilliant - one of the most sought-after QCs - a real team player - wonderfully pragmatic in her approach." She brings a huge number of cases to the table, regularly appearing in the Court of Appeal, Supreme Court and the Competition Appeal Tribunal.
What are the unresolved issues - practical and legal - over the structuring of discounts and rebates to comply with competition law?
Where will the challenges come from?
Answered by: Thomas Sharpe QC of One Essex Court
Tom advised on many aspects of Brexit and acted in the Miller case in the Supreme Court. "He has an unparalleled experience of the interface between competition law and regulatory issues and a sage-like knowledge of how regulators approach things."
Cartel follow-on claims
How do you control - and overcome - the difficulties of bringing successful follow-on claims in the courts?
What does the future hold for class actions?
Answered by: Lucy Rigby of Hausfield
Lucy specialises in large-scale collective redress, including acting for 100+ corporate groups in the British Airways Air Cargo litigation and the Consumers' Association (Which?) in its intervention in Mastercard v Merricks before the Supreme Court.
All speaker quotes are taken from Chambers Directory, Who’s Who Legal or Legal 500