David is internationally renowned as a leading competition law specialist, having been recognised as one of the UK’s leading competition lawyers worldwide under 45 years old (and among only a select number of barristers) in Who’s Who Legal: Competition – Future Leaders 2017. He was previously named in Global Competition Review’s list of the leading 40 competition law specialists under 40 years’ old worldwide in 2012.
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
- Commercial practices
- Damages actions
- 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.
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:
- Road Haulage Association v MAN SE and ors (permission to appeal) (see here)
- Road Haulage Association v MAN SE  CAT 26 (funding issues) (see here)
- Road Haulage Association v MAN SE and Ors  CAT 15 (adjournment judgment) (see here)
- See more generally the CAT case file here.
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  EWCA Civ 323 (Court of Appeal judgment) (see here)
- Achilles Information Limited v Network Rail Infrastructure Limited  CAT 20 (CAT judgment) (see here)
- Achilles Information Limited v Network Rail Infrastructure Limited  CAT 15 (ruling on application for expedition) (see here)
- See more generally the CAT case file here.
Seafood Holdings Limited v My Fish Company Limited & Ors  EWHC 766 (Ch) (acting for Seafood Holdings Limited in alleged abuse of dominance counterclaim) (see here).
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 (see here)
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)
Representative UK merger cases:
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
Representative multi-jurisdictional merger cases:
Becton Dickinson/Safety Syringes (unconditional clearance following second-phase review in Germany)
Glencore/Viterra (including unconditional clearance in China following third-phase review)
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