Elaine Whiteford

Elaine Whiteford

Elaine Whiteford draws on her extensive experience to advise clients on all aspects of contentious competition law. She has particular expertise in regulatory and cartel investigations, abuse of dominance cases, as well as follow-on and stand alone damages litigation and multi-jurisdictional commercial litigation involving competition law issues.

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A refusal to make a ‘Collective Proceedings Order’ in England can be appealed

By Elaine Whiteford on Posted in Antitrust, Competition, Competition Law, Competition Law in Europe, Damages, United Kingdom
In its 13 November 2018 judgment in Merricks v MasterCard, the English Court of Appeal (the CA) determined that a refusal by the Competition Appeal Tribunal (CAT) to grant a Collective Proceedings Order (CPO) can be appealed to the Court of Appeal. A CPO is the order by which the CAT authorises a class representative … Continue Reading

Land agreements rise up the CMA’s agenda

By Siobhan L.M. Kahmann and Elaine Whiteford on Posted in Antitrust, Competition, Competition Law, Enforcement, Investigations, Land Agreements, United Kingdom
In October, the UK’s Competition and Markets Authority (CMA) imposed a fine of 1.6 million GBP for a land agreement which it found to infringe competition law. This is the first time that the CMA has taken enforcement action and issued a fine in relation to a land agreement, despite such agreements having been covered … Continue Reading

The European Commission Publishes Summary Decisions for On-line Resale Price Maintenance Infringements

By Elaine Whiteford, Siobhan L.M. Kahmann and Jonathan Benjamin on Posted in Competition Law, Competition Law in Europe, E-Commerce, Retail
The European Commission (“Commission”) recently fined Denon & Marantz, Asus, Pioneer and Philips (the “Individual Parties”) a total of EUR 111 million for restricting the ability of online retailers to set retail prices for their products – a hard-core restriction under EU competition law known as “resale price maintenance” or “RPM” (the “Infringement Decisions”). These … Continue Reading

The UK Government Issues ‘No-deal’ Competition and Merger Guidance

By Elaine Whiteford, Kevin Coates, Siobhan L.M. Kahmann and Jonathan Benjamin on Posted in Abuse, Antitrust, Brexit, Competition Law, European Union, United Kingdom
The UK Government published its highly-anticipated technical guidance on merger review and anti-competitive activity on 13 September 2018 which will apply in the case of a ‘no-deal’ Brexit (the ‘Guidance’). Although brief, it provides market players with some form of practical advice and insights on what to expect, how cases are likely to be divided … Continue Reading

European Commission – Annual Activity Report – DG Competition 2017

By Johan Ysewyn, Elaine Whiteford and Daniel Muheme on Posted in Competition Law, Competition Law in Europe, Digital, Technology
Introduction On 11 June 2018, the European Commission (“Commission”) published DG Competition’s 2017 Annual Activity Report (“Report”) to provide an overview of its pursuit of its competition policy objectives and enforcement of EU competition rules in 2017.  In its Report, the Commission indicates that it has continued to prioritise competition on the merits and that … Continue Reading

Jumping the gun: the CMA’s approach to breaches of the standstill obligation

By Elaine Whiteford, Franka Felsner and Siobhan L.M. Kahmann on Posted in Competition Law, Competition Law in Europe, Enforcement, Investigations, United Kingdom
Introduction Gun-jumping has been in the spotlight this year both at the European level and in the UK. At the EU level, first there was DG Competition’s record fining of Altice of € 124.5m (here) and then the Court of Justice of the EU (“CJEU”) ruled on the scope of the EU law standstill obligation … Continue Reading

Higher Fines for Gun Jumping in Mergers – The European Commission’s Continued Emphasis on Procedural Merger Compliance

By Johan Ysewyn, Elaine Whiteford and Siobhan L.M. Kahmann on Posted in Competition Law in Europe
Last month’s Commission decision to impose a fine of €124.5 million on Altice for gun jumping is a stark reminder of the need to establish processes to ensure against conduct that can be characterized by the merger control authorities as violating the “hold-separate” obligation of the EU Merger Regulation (“EUMR”). That obligation prohibits parties to … Continue Reading
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