Competition Law Enforcement and Disputes
In an expanding and increasingly active legal area, you need to be sure that your policies and procedures are reducing your risks.

Competition authorities in the UK and EU are increasingly willing to expand the reach of the law, and are more active in enforcement. As a result, the risk of intervention has increased for all businesses – whatever their size, location or sector. We can help you to develop robust risk management strategies and compliance policies; this might include conducting an in-depth audit of your current arrangements and procedures that highlights your particular risks.

We have represented many companies under investigation by European and national competition authorities. We provide support on leniency and settlement, internal investigations, dawn raids and data/document requests. We are also able to co-ordinate multi-jurisdictional cases.

Similarly, disputes between companies have also increased. Again, being prepared will minimise your risks, whether you are facing a claim or have been harmed by breaches of competition law. We can help you to resolve a dispute satisfactorily.

Funded litigation, in which a third party pays some or all of a claimant’s legal costs, may be appropriate. Our skilled and experienced team can support you throughout this process.

Our expertise includes:

Advice on robust policies and procedures to minimise the risk of investigations or disputes
Support during investigations by competition authorities
Support when making or defending a claim for breach of competition law
Support throughout a funded litigation process

Meet our key contacts

John MacKenzie

Partner and Head of Commercial Disputes

Jamie McRorie

Partner

Meet our full team

Jonathan Carey

Solicitor

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Gordon Downie

Partner

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Jamie McRorie

Partner

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Kenzie Sharkey

Senior Associate

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Related articles and insights: Competition Law Enforcement and Disputes

22 October 2024

The DMCC Act: Subscription contract compliance

Contributor: Jonathan Carey

The Digital Markets, Competition and Consumers Act 2024 develops the law regulating subscription contracts. This article explores the new rules relating to subscription contracts set to take effect in 2026.

2 August 2024

No harm, no foul: draft guidance on the new UK consumer law enforcement regime

Contributor: Gordon Downie

Publication of the draft guidance on the new regime for direct enforcement of UK consumer law is an opportunity to consider the concept of consumer harm lying at the centre of the new enforcement regime.

19 April 2024

Pricing algorithms and competition law in the UK and beyond

In the emerging digital age, companies are increasingly using and developing pricing algorithms to help them determine prices on a near real-time basis. In this article, the Regulation and Markets team considers how the use of these algorithms can impact competition, with a particular focus on the hotel online booking sector.

31 October 2023

Moveable transactions – Scotland v England: Round 1 – assigning receivables

Contributors:
Andrew Kinnes, Hamish Patrick

Scottish moveable transactions law is currently outdated and much less useful in practice than the law in England and Wales. The Moveable Transactions (Scotland) Act 2023 will bring Scots law up to date when it comes into force and will arguably move it ahead of the law south of the border. This article, first published in the October issue of the Butterworths Journal of International Banking and Financial Law, tests whether or not that is the case when assigning receivables.

28 July 2023

Tied Pub Regulation Upheld by Court of Session

Contributor: Gordon Downie

An important ruling by the Inner House of the Court of Session confirms the competence of the Scottish Parliament to mitigate the impact of anti-competitive agreements.

11 April 2023

CMA signals more flexibility for sustainability agreements – Further thoughts

Contributor: Gordon Downie

Building on our previous article on the subject, we set out some further reflections on some points the CMA might want to consider in making its proposed draft guidance on sustainability agreements more useable.

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