We are frequently called upon to advise clients on the antitrust risks associated with a range of transactions and other business practices.

 These transactions include:

• 'Horizontal' co-operative arrangements with competitors, for example, joint purchasing and/or joint marketing agreements and specialisation agreements
• 'Vertical' agreements with upstream suppliers or downstream customers. Typically these focus on exclusivity and/or pricing agreements but global antitrust authorities are increasingly focused on online pricing restrictions and other practices (such as geo-blocking) which have the potential to restrict cross-border trade
• Advice on business arrangements which might constitute an abuse of a dominant position (and how to mitigate those risks) for firms which have a degree of market power

Extensive experience

The confidential nature of this area of work means that we are unable to disclose the identity of most of our clients, but recent examples include advising:

• A major private motor insurer on the price parity and most favoured nation clauses in its agreement with downstream distributors, including aggregators
• A leading FMCG supplier on its supply agreements with multiple retailers
• A major sporting equipment and clothing manufacturer on its distribution arrangements with wholesalers and retail partners
• Network operators across a range of utility sectors (transport, water and postal services) on business practices which could affect competition (often in downstream markets)

We also provide advice on competition compliance, including bespoke training sessions on compliance and competition law audits. Examples of our work in this area include:

• Designing and delivering bespoke competition law compliance training (with online training) for major FTSE 100 and FTSE 250 organisations
• Carrying out a mock dawn raid for a major financial services provider to test its readiness for an unannounced inspection by the Competition and Markets Authority or Financial Conduct Authority