Andrij specialises in all aspects of UK competition law and leads the Competition team.
He has considerable experience of investigations by Competition Regulators including the UK CMA, the UK FCA and the EU Commission. As well as providing assistance during Dawn Raids, Andrij advises on leniency applications, early settlement procedures, market inquiries, Consumer enforcement action by the CMA, and the merits of appealing decisions by Competition Regulators.
He also has experience of advising individuals facing a potential Competition Disqualification Order and has previously advised individuals in respect of the Criminal Cartel Offence and the use of covert intelligence sources by the UK CMA.
Andrij's experience extends to competition damages claims and complex commercial litigation involving competition law pleadings. He has successfully negotiated a substantial settlement on behalf of a claimant in a private action for damages arising out of an EU cartel decision, acted on the defence side in the Rest & Play Footwear damages litigation, successfully pursued a damages claim on behalf of a sports equipment retailer, and was involved in a number of claims against both MasterCard and Visa involving allegations of excessive Interchange Fees. He also has experience of successful claims involving continued access to essential facilities, and challenges to the enforceability of restrictive covenants imposed on the sale of a business.
In the context of corporate transactions, Andrij advises both buyers and sellers on merger control and has significant experience of applying for merger clearances in the UK, in other EU countries and under the EU Merger Regulation. He also advises on the application of the UK NSIA and has experience of both mandatory and voluntary filings.
Experience
Examples of experience include advising:
- Eurotunnel's challenge to a number of Brexit Freight Capacity Contracts – advising one of the ferry operators on the procurement and state aid challenges brought against the Freight Capacity Contracts awarded by the Secretary of State for Transport
- Application for a Competition Disqualification Order – advising the defendant in what is understood to be the first contested application brought before the English Courts by the CMA
- Argos – successful claims against various cartelists arising out of the EU Commission's LCD decision
- Tempus Energy Judicial Review– advising a number of interested parties on their successful challenge to the Judicial Review Application by Tempus Energy relating to the UK's Energy Capacity Markets Scheme and the alleged payment of unlawful State Aid
- CMA Leasehold Case - representing one of the parties involved in the CMA's enforcement action in the Leasehold case, including agreeing a resolution
- Hammer Consolidated Holdings– persuading the EU Commission to take jurisdiction over its acquisition by DCC plc and grant a Phase I merger clearance, including working on Form RS, Form CO and briefing papers sent to several National Competition Authorities persuading them not to seek jurisdiction
- Subsidy Control - assisting both public sector and private sector organisations with their assessment of whether proposed arrangements involve a permissible Subsidy.
