Steptoe's competition practice helps clients manage risks and challenges associated with doing business in Europe, including businesses in the regulated sectors across the EU and the UK for which Steptoe provides market-leading regulatory support. We provide in-depth advice on vertical issues at different levels of the supply chain, such as distribution and licensing, as well as horizontal arrangements such as joint research and development efforts, specialization agreements, and mergers and joint ventures. Latterly, we advise on the antitrust aspects of environmental, social, and governance matters, especially on sustainability issues. Clients call upon our in-depth antitrust experience at the intersections with regulation as well as on emerging issues associated with the Digital Markets Act, the Digital Services Act, and General Data Protection Regulation.
We defend corporations in investigations before the Commission (DG COMP) as well as national competition authorities such as the UK Competitions and Markets Authority, in appeals before the EU Court of Justice, the European Free Trade Association Court and in follow-on litigation in civil courts in the UK and in national EU courts.
Our Competition Experience at a Glance
In a nutshell, members of our EU and UK competition team have handled:
- 16 dawn raids.
- 25 cartels and investigations.
- 6 sector inquiries.
- More than a dozen follow-on cartel damages litigation cases, including class actions.
- Multiple abuse of dominance investigations and complaints.
- 100 compliance initiatives.
- 150 merger control cases.
We help clients with:
- Dawn raids, antitrust infringement fine settlement proceedings, follow-on civil litigation.
- Merger filing analysis, phase I and II merger review, foreign direct investment regulations, and remedies negotiations.
- Self-assessments and advice on pricing, distribution, and IP licensing.
- Compliance for trade associations and standard-setting organizations.
- Coordination of investigations by the national competition authorities of the EU Member States.
Noteworthy
- Legal 500 EMEA, Competition, EU and Global (2018)
- Legal 500 EMEA, Competition, Belgium (2011–2016)
Representative Matters
Cartel Investigations, Restrictive Practices, and Dawn Raids
- Representing a global industrial group regarding the investigation by the UK Competition and Markets Authority into its subsidiary’s minimum online advertised price policy, settling with the maximum possible penalty discounts for cooperation, compliance and early settlement.
- Defended NYK Group, a leading Asian shipping group in the roll-on-roll-off car carrier cartel investigation by the European Commission, leading to multi-party settlement and seven related follow-on private damages claims, in a number of jurisdictions and including one of the first UK competition law class actions.
- Advising a major health care insurer in relation to an investigation by the UK Competition and Markets Authority into the private health care market.
- Successfully defended a Japanese bank in the European Commission’s LIBOR cartel investigation.
- Representing Japanese carrier in a series of English court litigations in connection with the Airfreight case.
- Secured immunity for Japanese auto parts manufacturer in European Commission cartel investigation and subsequently defended it in follow-on damages claim.
- Achieved a dismissal in English High Court for an Asian carrier regarding follow-on damages claim to the air cargo cartel infringement decision that the European Commission adopted. Settled the same matter for a second carrier.
- Representing two UK companies in ongoing challenge to Norwegian wool subsidy scheme in multiple courts, including bringing and arguing appeal before the EFTA Court.
Unilateral Conduct by Dominant Companies
- Advising a leading supplier of consumer products on bundling, tying, and rebate schemes.
- Representing a major consumer electronics group in its antitrust defense against a standard essential patent action introduced by a competitor in France.
- Advising and representing a testing software vendor in an antitrust investigation involving refusal to supply interoperability information.
- Advising a leading technology company relating to an alleged abuse of a dominant position by its main rival and also advising on a proposed bundling, tying and rebate scheme.
- Securing a favorable outcome for the REEL Group, a French engineering group, in the European Commission’s antitrust investigation into Rio Tinto Alcan’s tying practice in the aluminum sector.
Mergers, Acquisitions, and Joint Ventures
- Representing US defense group in the unwinding of its joint venture with a French defense group.
- Advising a European food group in a major French acquisition.
- Advising an international communications network in a strategic acquisition.
- Advising a leading internet video streaming provider on a number of telecom mergers in Europe.
- Advising Rockwell Collins Inc. on the EU and third-country merger control aspects of its acquisition of ARINC Inc.
Antitrust Compliance
- Assisting an international construction group on antitrust compliance training across the group, following antitrust investigation.
- Advising on the EU competition law aspects of the licensing of globally-recognized brands.
- Advising an international financial services company on its market data gathering practices and possible information exchange issues.
- Advising a global insurance group on the creation of an international health insurance consortium with a German-based insurance company.
- Acting as outside counsel to the board of directors of a biotech trade association on a broad range of compliance issues.
- Advising a leading supplier of high-end sport goods in relation to online commerce (including with regard to resale price maintenance, most-favored-nations, and vertical agreement issues).
News & Publications
Client Alerts
February 10, 2023
Client Alerts
FTC Issues Proposed Rules to Ban Noncompete Clauses and Takes Unprecedented Enforcement Action
January 10, 2023
Client Alerts
March 30, 2022
Client Alerts
January 14, 2022
By: Renato Antonini, Eva Monard, Byron Maniatis, Charles Whiddington, Alexandra Melia, Guy Soussan, Angus Rodger, Ruxandra Cana, Leigh Mallon, Zoe Osborne
Client Alerts
Ruling in No-Poach/Wage-Fixing Prosecution Opens New Antitrust Frontier
December 9, 2021
By: John J. Kavanagh, Patrick F. Linehan, Michael L. Weiner, Drew C. Harris
Press Releases
Steptoe Wins ALB's 'Japan Practice Foreign Law Firm of the Year' Award
October 4, 2021
Client Alerts
Poaching: The Biden Executive Order and Employment Restrictions in Europe
July 19, 2021
By: Charles Whiddington, Michael L. Weiner, Patrick F. Linehan, Zoe Osborne, John J. Kavanagh
Client Alerts
The UK Competition and Markets Authority’s Vertical Agreement Proposals – Still Anchored to the EU?
July 5, 2021
Publications
Parent Company Influence Over Group Compliance Policies
American Society of International Law
May 6, 2021
By: Alexandra Melia
Events
Webinars
Vertical Agreements in the EU and UK: How to Navigate the New Competition Law Landscape
October 6, 2021
Speakers: Charles Whiddington, Zanda Romata, Dr. Claudio Calcagno
Webinars
Enforcement of Digital Markets: The European Commission's "New Competition Tool"
July 30, 2020
Speaker: Charles Whiddington
Webinars
Online Platforms: A Competition Analysis of the New Ex-Ante EU Regulatory Instrument
July 23, 2020
Speaker: Charles Whiddington
On Demand
EU Competition Law: A Powerful Tool in Post-COVID-19 Business Recovery
June 4, 2020
Speaker: Charles Whiddington
Webinars
How Far Can Brands Control the Online Resale of Their Products? EU Competition Enforcement Outlook
January 31, 2019
Webinars
No Poach Agreements - A New Enforcement Focus on HR Activities?
January 10, 2019
Speaker: John J. Kavanagh
Webinars
Bypassing Distributors by Selling Direct to Customers
May 31, 2018
Seminars & Events
December 7, 2017
Steptoe
Avenue Louise 489
B-1050 Brussels
Webinars
Most Favored Nation Clauses: Is it the End of the Road?
October 25, 2017
Webinars
Staying Clear of Online Pricing Pitfalls
September 20, 2017