Ashurst

Euan Burrows and Nigel Parr co-lead Ashurst’s busy global competition practice from London, joined by Peter Armitage in Sydney. Both offices are highly regarded in their own right, as are its four other GCR-ranked teams in Europe, which punch above their weight compared to some larger rivals. Beyond those major hubs, the firm also advises clients in the Middle East and Asia-Pacific regions with lawyers in lesser-known antitrust jurisdictions like Abu Dhabi and Jakarta.

Much of Ashurst’s notable merger control matters are rooted in Europe. The firm is guiding IHS Markit through UK and EU reviews of its $44 billion merger with S&P Global, which involves spinning off various IHS Markit assets to News Corp. Ashurst is also advising insurance provider Santa Lucía on the merger of its subsidiary, Albia, with its closest rival, Funespaña, which Spain’s National Commission for Markets and Competition (CNMC) is reviewing in depth. The firm also assists both Albia and Funespaña in appealing against gun-jumping fines imposed by the CNMC for failing to notify purchases of rivals. Outside of Europe, the firm successfully defended Aurizon in proceedings brought by the Australian Competition and Consumer Commission against the proposed sale of the Acacia Ridge rail terminal to Pacific National. The Full Federal Court dismissed the agency’s allegations that the sale would harm competition in May 2020 before the High Court then rejected permission to appeal seven months later.

The firm has long been credited for its expertise in pharmaceutical cases, but that makes up less of its caseload now than in previous years. It does, however, defend generic manufacturer Medreich as the UK’s Competition and Markets Authority probes an alleged cartel regarding the supply of an anti-nausea drug. Other cartel work includes acting for Imperial Tobacco Netherlands as the Dutch enforcer probed alleged information exchange among cigarette manufacturers. The firm obtained a 50% penalty discount on Imperial Tobacco’s eventual €10.4 million fine. In Australia, it defends Alkaloids of Australia in criminal cartel proceedings that were launched in December 2020, while two company directors – also represented by Ashurst – escaped further enforcement action.

In appeals work, Ashurst acts for Alfa Acciai, Ferriera Valsabbia and Valsabbia Investimenti in challenging the European Commission’s readoption of its Reinforcing Steel Bars cartel decision. The firm also represents the same companies in seeking damages in the form of default interest on the fine that the agency was forced to reimburse after the EU General Court annulled its first infringement decision in 2017.

Ashurst also continues to counsel Intel in a long-running challenge to its €1 billion EU fine for abusing its dominance in the supply of microchips through loyalty rebates. The EU General Court’s judgment is pending following a hearing in 2020, after the European Court of Justice upheld Intel’s appeal and ordered the lower court to rehear the case.

Meanwhile, the firm is involved in one of the most high-profile private litigation cases to emerge in Europe in recent years, challenging the attempted formation of the European Super League. The firm represents UEFA as the now-abandoned football league challenges the rules of UEFA and FIFA as being contrary to EU competition law. A Spanish judge referred questions to the ECJ in May 2021.