David Went

Call 1999

went@exchangechambers.co.uk

"A versatile and highly skilled advocate. He has really grown in stature over the last 24+ months, and his written work is of the highest calibre."

The Legal 500 2024
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Competition

David is internationally renowned as a leading competition law specialist.
He won the Chambers and Partners 2022 Competition Junior of the Year Award, was noted as a Competition Future Leader in Who’s Who Legal: Competition 2018 (dedicated to the world’s leading competition experts aged 45 and under), and in 2012 was featured in Global Competition Review’s list of leading competition lawyers under 40 years old worldwide. For a number of years now he has been recognised (among only a select number of barristers) in Who’s Who Legal UK Bar 2021: Competition Juniors and Who’s Who Legal UK Bar 2023.

Prior to returning to his roots as a barrister during 2015 (having originally been called to the bar in 1999), David’s considerable competition law experience has been acquired at two leading US law firms in Brussels and London, most recently as partner at Sidley Austin LLP. David has acted for clients (e.g., ADM, Alberto Culver, Aon, Federation Internationale de l’Automobile, GSK, Hachette, IBM, LG Electronics, Spectris, Viterra, and Western Union) on some of the most significant and complex matters over the past 16 years across the spectrum of competition law work.

Regularly appearing before the main EU and UK courts and competition authorities, David specialises in all litigation and advisory aspects of competition law, covering:

  • Abuse of dominance
  • Cartels
  • Commercial practices
  • Compliance
  • Damages actions
  • M&A
  • Public procurement
  • State aid
  • Related areas of EU, public and regulatory law

David has experience of working in a diverse range of industries, including aerospace, agriculture, automotive, financial services, FMCG, high-tech, insurance, IT/internet, life sciences, manufacturing, media, mining, publishing, shipping, sports, telecoms, and utilities.

He has worked on a large number of multi-jurisdictional matters using, where needed, a network of trusted local counsel. David also has good working relationships with competition law specialists at the main economic consultancies.

As clients make clear in legal directory submissions, David is approachable, practical, and commercially focused. In addition, clients appreciate his ability to quickly understand their business models and needs, coupled with his creativity in finding solutions.

He combines huge commercial knowledge with a second-to-none understanding of competition law. A naturally industrious advocate his attention to detail is truly market-leading.

Competition Cases

Representative litigation work:

Road Haulage Association v MAN SE and Ors (representing the Road Haulage Association in collective proceedings against European truck manufacturers).

Appearances include:

  • Traton SE and others v Road Haulage Association [2023] EWCA Civ 875
  • Road Haulage Association v MAN SE and Ors [2022] CAT 25
  • Road Haulage Association v MAN SE and others [2019] CAT 26
  • Road Haulage Association v MAN SE and others [2019] CAT 15

See more generally the Competition Appeal Tribunal homepage for this case:

  • Road Haulage Association v MAN SE and others

 

R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal (in the context of the Road Haulage Association’s collective proceedings, dealing with the challenge to the litigation funding agreement under the Damages Based Agreement Regulations 2013).

Appearances include:

  • R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28
  • PACCAR Inc. and Ors v Road Haulage Association Limited [2021] EWCA Civ 299

 

David Courtney Boyle v Govia Thameslink Railway Limited and others (representing David Courtney Boyle in collective proceedings against Govia Thameslink and its parent companies).

Appearances include:

  • David Courtney Boyle v Govia Thameslink Railway Limited and others [2023] CAT 63
  • David Courtney Boyle v Govia Thameslink Railway Limited and others [2023] CAT 19
  • David Courtney Boyle and another v Govia Thameslink Railway Limited and others [2022] CAT 35
  • David Courtney Boyle and another v Govia Thameslink Railway Limited and others [2021] CAT 38

See more generally the Competition Appeal Tribunal homepage for this case.

 

Commercial Buyers Group v Associated Lead Mills Limited and others (representing Associated Lead Mills in follow-on damages action).

Appearances include:

  • Commercial Buyers Group v Associated Lead Mills Limited and others [2023] CAT 17

See more generally the Competition Appeal Tribunal homepage for this case.

 

Christine Riefa Class Representative Limited v Apple Inc. and others (representing Christine Riefa Class Representative Limited in proposed collective proceedings against Apple and Amazon).

See generally the Competition Appeal Tribunal homepage for this case.

 

Elisabetta Sciallis v Yamaha Music GmbH and another (representing Elisabetta Sciallis in proposed collective proceedings against Yamaha).

See generally the Competition Appeal Tribunal homepage for this case: Elisabetta Sciallis v Yamaha Music Europe GmbH and another.

 

Elisabetta Sciallis v Roland Europe Group Limited and another (representing Elisabetta Sciallis in proposed collective proceedings against Roland).

See generally the Competition Appeal Tribunal homepage for this case: Elisabetta Sciallis v Roland Europe Group Limited and another.

 

Elisabetta Sciallis v Casio Electronics Co. Limited and another (representing Elisabetta Sciallis in proposed collective proceedings against Casio).

See generally the Competition Appeal Tribunal homepage for this case: Elisabetta Sciallis v Casio Electronics Co. Limited and another.

 

Elisabetta Sciallis v Korg (UK) Limited and another (representing Elisabetta Sciallis in proposed collective proceedings against Korg).

See generally the Competition Appeal Tribunal homepage for this case: Elisabetta Sciallis v Korg (UK) Limited and another.

 

Elisabetta Sciallis v Fender Musical Instruments Europe and another (representing Elisabetta Sciallis in proposed collective proceedings against Fender).

See generally the Competition Appeal Tribunal homepage for this case: Elisabetta Sciallis v Fender Musical Instruments Europe and another.

 

Mr Flavio de Carvalho Pinto Viegas and others v Mr José Luis Cutrale and others (representing Brazilian orange farmers in cartel damages claim against the defendants).

Appearances include:

  • Mr Flavio de Carvalho Pinto Viegas and others v Mr José Luis Cutrale and others [2021] EWHC 2956 (Comm)

 

Achilles Information Limited v Network Rail Infrastructure Limited (acting for Network Rail in a restrictive agreements and alleged abuse of dominance case in the area of supplier assurance).

Appearances include:

  • Achilles Information Limited v Network Rail Infrastructure Limited [2022] CAT 9
  • Achilles Information Limited v Network Rail Infrastructure Limited [2020] EWCA Civ 323
  • Achilles Information Limited v Network Rail Infrastructure Limited [2019] CAT 20
  • Achilles Information Limited v Network Rail Infrastructure Limited [2018] CAT 15

See more generally the Competition Appeal Tribunal homepage for this case.

 

Seafood Holdings Limited v My Fish Company Limited & Ors (acting for Seafood Holdings Limited in alleged abuse of dominance counterclaim)

Appearances include:

  • Seafood Holdings Limited v My Fish Company Limited & Ors [2017] EWHC 766 (Ch)

 

Advising sports federation on potential challenge under EU competition and free movement rules

Public procurement challenge to awards of 2015 duty solicitor contracts by Legal Aid Agency

Streetmap.eu Ltd. v Google Inc., Google Ireland, and Google UK Ltd. (damages claim/abuse of dominance)

Bord Na Mona plc v British Polythene Industries plc. (follow-on damages action before English High Court relating to European Commission’s industrial bags cartel decision)

Advising electronics manufacturer regarding potential follow-on damages claims before English High Court/Competition Appeals Tribunal

Adidas Salomon AG v Lawn Tennis Association; and Adidas Salomon AG v International Tennis Federation(alleged breaches of EU/UK competition law)

Appeal of power cables cartel decision to EU’s General Court

Case C-550/07 P Akzo Nobel (intervention in case relating to legal privilege for in-house Counsel)

Case T-464/04 Independent Music Publishers and Labels Association (Impala) v Commission (appeal against European Commission’s decision approving SONY/BMG merger)

T-184/01 IMS Health Inc v Commission and Case C-481/01 P(R), NDC Health (appeal against interim measures order by European Commission to license IP to competitor)

 

Representative EU and UK cartel and behavioural cases:

Ongoing CMA cartel investigation

CMA investigation into price fixing of consultation fees with respect to ophthalmology pursuant to the Chapter I prohibition of the Competition Act 1998.

Representing company implicated in European Commission’s cartel investigation into underground and submarine power cables (including appeal of European Commission decision to General Court)

Representing Hachette UK, one of the UK’s largest book publishers, in OFT’s and European Commission’s investigations into eBooks

Representing multi-national company implicated in OFT’s A-B-C cartel investigation into health and beauty products
Representing company implicated in European Commission’s cartel investigation into LCDs

Representing company implicated in European Commission’s cartel investigation into optical disk drives

Advice to large UK insurance company following on from investigation by OFT into information exchanges in motor insurance sector

Representing chemicals company in Chapter II/Article 102 investigation before OFT

Representing company implicated in European Commission’s cartel investigation into copper fittings

Advising leading UK transport company in Chapter II proceedings before OFT

Representing IMS Health in Article 102 investigation by European Commission


Representative EU merger cases:

Arcelor/Mittal Steel (first phase divestiture remedy)

SONY/BMG (unconditional approval following second-phase review)

IBM/Rational

Motorola Mobility/Flextronics

Suntory/Beam Inc.


Representative UK merger cases:

Aon/Benfield

British Salt/New Cheshire (unconditional clearance following second-phase review and first case in which second-phase provisional findings were overturned)

Hachette/Time Warner Book Group

Western Union/Travelex Global Business Payments

Unilever/Alberto Culver (first-phase clearance with divestiture remedy)


Representative multi-jurisdictional merger cases:

Aon/Benfield

Becton Dickinson/Safety Syringes (unconditional clearance following second-phase review in Germany)

Glencore/Viterra (including unconditional clearance in China following third-phase review)

Motorola Mobility/Flextronics

Tellabs/Marlin Equity

Unilever/Alberto Culver


Representative EU State aid work:

Advice to company active in aerospace sector over several investment projects, including meetings with European Commission and UK government officials

Advice to European utility company over power supply agreements

Advice in connection with M&A transactions in which target companies were potential recipients of State aid

Advising local authorities on infrastructure funding

Advice to charities receiving Big Lottery Funding