David M. Harrison

Cartels

• Represented a major Japanese automotive parts supplier in relation to the European Commission’s wire harness investigation, a related UK criminal investigation and other investigations worldwide.
• Advised a global investment bank on the competition aspects of the foreign exchange investigations by various authorities.
• Represented an international freight forwarding group in relation to a worldwide series of cartel investigations.
• Advised on various national cartel investigations (e.g. construction, construction materials, sports goods retailing, CD pricing), and as lead counsel in relation to cartel investigations outside the EU (e.g. in the insurance sector).
• Assisted clients at dawn raids by the EU and UK competition authorities, and advised on successful applications for immunity/leniency, settlement and criminal law aspects.

Merger control

• Advised a third party on its intervention in relation to the Deutsche Börse/NYSE Euronext merger, which was prohibited by the European Commission.
• Advised an international nickel producer on the European Commission’s Phase II investigation of its $20bn hostile bid for a rival producer.
• Obtained unconditional clearance from the UK Competition Commission in respect of a completed merger in the retail sector.
• Obtained clearance of many transactions under the EU Merger Regulation since its introduction in 1990, and advised on numerous multi-jurisdictional merger control matters, including phase 2 cases at EU and national level and negotiation of remedies.

Abuse of dominance

• Advised a third party on Ofgem’s metering inquiry, which resulted in the highest UK fine for abuse of dominance.
• Advised on various complaints including against a major US technology company to competition authorities in Europe and the USA concerning exclusionary conduct, against BT to Ofcom, and to the Office of Fair Trading in respect of alleged abuse of dominance in relation to online advertising.

Competition and EU litigation

• Sports Direct v. Competition Commission (UK Competition Appeal Tribunal, 2009). Successfully challenged the Competition Commission in the CAT on a point of due process.
• Advised on the defendant and claimant side in relation to various actual or contemplated follow-on damages claims, within and outside the EU.
• Advised on in relation to judicial review in the UK and EU courts.

Compliance

• Advised on joint ventures, other collaborative arrangements and distribution in a wide variety of sectors.
• Advised numerous organisations on managing competition law risk, including through the conduct of risk assessments/internal audits, the development and implementation of compliance programmes, training and dawn raid preparedness, and the development of commercial strategies in the light of the rules on dominance.

State aid/subsidies

• Advised on the State aid aspects of the creation of many of the facilities for the 2012 London Olympics.
• Advised public sector bodies, sponsors and lenders on a variety of major infrastructure projects, e.g. Athens Airport, the Thessaloniki Metro and the D47 Road (Czech Republic).
• Advised applicants for government support in relation to the new UK subsidy regime post-Brexit.

Foreign investment rules

• Advised clients in relation compliance with the foreign direct investment regime of various jurisdictions, and on the implications of the UK National Security and Investment Bill.

Sector investigations

• Advised a party to a UK sector investigation concerning contact lens solutions.
• Advised a third party in relation to the Competition Commission’s airports inquiry.

Regulated sectors

• Advised on mergers in the energy sector under the EU and UK merger control rules, and advised an industry association on the creation of new post-trade infrastructure for the UK wholesale energy sector.
• Advised various international airlines on competition and regulatory matters, and advised in relation to the proposed creation and acquisition of airports.
• Advised a food manufacturer in relation to an inquiry under the UK Groceries Code.
• Other sectors
• Advised companies in sectors including automotive, aviation, banking, charities, chemicals, communications, consumer goods, defence, digital transformation, food, healthcare, infrastructure, insurance, life sciences, manufacturing, maritime, media, metals and mining, private equity, oil and gas, online sales, real estate, retail, technology, travel, transportation and space.

EU regulation

• Advised on an application for interim measures in the European Court of Justice against the EU Council for breach of the public procurement rules.
• Advised non-EU companies (e.g. a global online travel group and an Asian car manufacturer) on establishment of operations in the European Union.
• Advised on a wide range of aspects of EU single market law and regulation.

Brexit

• Advised clients on planning for and responding to Brexit, and played an instrumental role in the development of an interactive Brexit Impact Assessment Tool shortlisted in the Financial Times Innovation Awards.

Magdalen College, Oxford, (Open Exhibition) MA Jurisprudence

Université Libre de Bruxelles, Licence Spéciale en Droit Européen

• England and Wales

• Member of the EU Law Committee of the Law Society of England & Wales from 2002-12.
• Member of the Joint Working Party on Competition Law of the Bars and Law Societies of England and Wales.
• Member of the Steering Committee of the UK State Aid Law Association.
• American Bar Association.