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Competition and Regulatory

Competition law heavily influences the boundaries within which public sector decisions are made – shaping procurement, subsidy control and regulatory enforcement. We work alongside government and regulatory bodies to navigate complex challenges, and equip our clients with confidence through strategic, precise and robust advice.

Our Competition and Regulatory team advise on a vast scope of UK and EU competition law including Competition Act 1998, Enterprise Act 2002, Subsidy Control Act 2022, Windsor Framework, Digital Markets, Competition and Consumers Act 2024, EU state aid rules and the Foreign Subsidies Regulation. We also advise some of the UK’s largest regulators across the full breadth of their regulatory roles.

Our clientele consists of central and local government bodies, regulators and private clients across sectors including energy, infrastructure, media and healthcare. Our work extends from large-scale national programmes, through to competition investigations and high-profile transactions, where our aim is to help clients navigate complex regimes to achieve their commercial and policy objectives.

Anti-competitive agreements (Chapter I Prohibition) and cartels

We are experienced in advising clients on matters of collaborations, alliancing models and inter-authority agreements, where the cross section between lawfulness and prohibited conduct is assessed. These projects are typically high-value and high impact, which makes compliance with the Chapter I Prohibition and Cartel Offence essential.

We review legal and regulatory frameworks and structures which are policy-driven and ensure that the result achieves commercial objectives, whilst avoiding risks of legal non-compliance. Our approach is based on innovation, consistency and pragmatism.

Abuse of dominance (Chapter II Prohibition)

We advise on matters such as abuse of dominance allegations, including claims of monopoly/monopsony power. These matters are often highly sensitive and carry significant regulatory and reputational risks. We ensure that our analysis is clear and rigorous, with a focus on dispute resolution whilst safeguarding business strategies. We develop solutions which comply with both competition law and also meet wider objectives our clients set.

Subsidy control & public sector partnerships

Our expertise within competition, subsidy control and procurement law places us at the forefront of public projects and partnerships. Regular clients include stakeholders across government and regulated sectors, who trust us to maintain legal compliance, without losing sight of policy and commercial priorities. We help clients structure collaborations which comply with multiple regimes simultaneously, whilst delivering favourable outcomes. Our ample experience in applying the Subsidy Control Act 2022, alongside EU State aid law and the Foreign Subsidies Regulation, makes our advice clear, precise and practical, as we aim to help our clients navigate an often complex legal landscape.

Merger control & foreign investment

Our team has extensive experience in advising on UK merger control, government oversight of foreign takeovers and competition investigations by the CMA. We advise clients through regulatory processes, prepare submissions, and issue high-quality advice on possible challenges and solutions. Being aware of the impact merger clearance can have on negotiations, we work efficiently to ensure transactions are commercially and regulatorily compliant.

Regulatory

We advise some of the UK’s most high-profile regulatory bodies, including Ofgem and Ofwat, on the full scope of their statutory functions. Our work spans advising on licensing (including new forms of licence and code), enforcement, market design and governance, and the development of policy and guidance. We combine technical legal analysis with a deep understanding of regulatory landscapes, ensuring our advice is both practical and strategically aligned with our clients’ wider objectives.

Our team is highly experienced in supporting regulators on complex projects with significant public interest impact, from infrastructure investment frameworks and market reforms, enforcement action and dispute resolution. We pride ourselves on delivering clear, pragmatic advice and legal support that enables regulators to carry out their duties effectively while maintaining transparency, accountability and fairness.

Key Contacts

Work highlights

We provide clear, strategic advice on a vast scope of competition and regulatory law. We have recently advised on the following:

  • Major national government infrastructure programme - non-contentious advice in relation to the CA98 Chapter I and II Prohibitions and the Cartel Offence (s188 EA02) in respect of an alliancing model (hundreds-of-millions). Advising on the implications of breaching competition law, whether or not there was risk of breach, and how the programme can protect its position through contracting strategy/drafting.
  • Advising a central government department on an alleged breach of the Chapter II Prohibition as a result of an arrangement with two suppliers (including supply chain implications). We clarified why the Chapter II Prohibition was not infringed and prevented this contentious matter from reaching court (including in negotiations with a leading technology communications company).
  • Local authority: advice relating to an alleged breach of the Chapter II Prohibition by the Council in an alleged monopsony position. We prevented escalation to court.
  • Newspaper merger control: Non-contentious advice on the foreign state intervention notice regime under the EA02 (as amended by the DMCCA), including submissions to government and advice on CMA investigations.
  • Central government department: Assessing and advising on competition law implications of a proposed partnership agreement between two public authorities including Chapter I / II Prohibitions, subsidy control, procurement, merger control, cartel offence, and National Security and Investment Act 2021.
  • Reviewing and advising on the terms of an Inter-Authority Agreement between several public authorities in relation to potential infringement of competition law. Particular consideration was given to the Chapter I Prohibition and the Cartel Offence. We advised on agreement restructuring, commercial intentions, as well as exploring the interplay between the ‘economic activity’ test within competition law, and the ‘commercial purpose’ test derived from Peters v Haringey (in the context of local authority trading).
  • Major large-scale energy infrastructure project collaboration - Advising on the potential risks of hard-core restrictions within an agreement between two competing entities, which could restrict competition and infringe the Chapter I Prohibition. We also considered applicable exemptions and their impact on relevant agreements.
  • Supporting Ofgem on new regulatory frameworks, most notably the regulator’s pioneering CCUS transport and storage rollout.
  • Advising Ofwat on a range of complex regulatory matters, key projects under the Direct Procurement for Customers (DPC) and Specified Infrastructure Project Regulations (SIPR) commercial frameworks, and innovative sustainable water initiatives.

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To find out how we can help you, please contact us today