Litigation is one of Clyde & Co's core strengths. This is reflected in our competition team’s involvement in some of the leading cases of recent years. At the forefront of developments in this fast-expanding field, we are in a strong position to become the market leader in consumer claims against cartels and private party claims against anti-competitive agreements.
Our EC team works out of London and Paris. Much of our work is in tune with the firm’s core strengths of shipping, aviation and insurance; recent cases have involved:
- Advising major airlines before Commission investigations
- Advising agricultural clients in obtaining interim measures against the European Commission
- Defending shipping clients in landmark liner shipping conference cases
- Representing the UK Consumers' Association in the first ever consumer representative action against cartels in Europe
- Taking references from national courts to the European Court of Justice
We have recently carved out a niche for ourselves in the consumer rights cases currently being vigorously promoted by the Commission. Now that UK consumer law allows these claims we are advising complainants to the Commission and the OFT. In the landmark first ever European consumer representative action, we are currently representing the UK consumers association "Which?" against a cartel of replica football equipment manufacturers and distributors. The UK Competition Appeals Tribunal decision is likely to be very significant.
We frequently represent clients before the:
- European Commission
- UK Office of Fair Trading
- UK Competition Appeals Tribunal
- UK Commercial Court
- EC Court of First Instance
- European Court of Justice
- European Court of Human Rights
- Arbitration Panels or mediators adjudicating on competition law claims
One of the major strengths of the team is our capacity to handle multi-jurisdictional regulatory investigations. We frequently co-ordinate defence work for clients against accusations of cartel activity in investigations and in the associated civil litigation. This involves our liaising closely with leading antitrust specialist law firms in the US, Canada, Japan, Australia and Singapore. We are regularly called to advise clients involved in class actions, arbitrations and other forms of civil action relating to antitrust in the shipping, aviation and other industries.
ECHR
Our litigation team has wide experience of bringing human rights cases under the ECHR. We have defended banks, newspapers and transport companies against government interference in violation of their Convention rights as well as competition regulators.
WTO
We have also advised governments, trade associations and multinationals on how to enforce their WTO rights, recently in the areas of agricultural subsidies, safety rules, technical barriers to trade and geographical indications.