Some thoughts on the merger appeals in UPS/TNT and ICE/Trayport

Two significant merger control judgments in 24 hours, one UK and one EU, underline the importance of judicial control in merger decisions. In the first, the UK Competition Appeal Tribunal (the Tribunal) upheld the UK Competition & Markets Authority’s first ever decision to prohibit a merger on vertical foreclosure grounds. In the second, the General Court quashed the Commission’s prohibition decision on due process grounds for failure to disclose the final version of its economic analysis. 

Euclid Law acted for the main complainant in the ICE/Trayport case before the CMA.

Read the full Memo here: Euclid client memo UPS ICE.

Euclid Law lures another magic circle lawyer with Linklaters hire

European competition boutiques have lured another magic circle lawyer to their ranks with Linklaters consultant Gavin Robert joining Euclid Law.

Robert was a partner at Linklaters for 14 years until 2013 when he became a consultant.

He joins former Clifford Chance head of antitrust Oliver Bretz, who established Euclid in early 2015.

Bretz spent 15 years at Clifford Chance and headed up its competition group for five years from 2010.

His exit from the firm followed Allen & Overy global competition head Olivier Fréget leaving to set up Paris competition boutique Cabinet Fréget – Tasso de Panafieu (CFTP) just months earlier.

In the same year Clifford Chance competition partner Stephen Croswell, who headed the Hong Kong antitrust team, and Brussels partner Johan Ysewyn also left the firm. Crosswell joined Baker & McKenze, while Ysewyn moved to Covington & Burling to head its competition practice.

Euclid is now a two-partner firm having promoted Allen & Overy lawyer Sarah Long to the partnership in May. It operates from offices in Brussels and London.

Robert said Euclid “really appealed” due to “the dynamism of what Oliver has set up and his market reputation”.

He added it would be a change of pace moving from a 500-partner law firm to a two-partner one, but said “there is increasing space and demand for smaller boutique firms.

“Euclid Law has carved out a unique position of providing clients with strategic competition law advice without the trappings of a large law firm,” Robert continued.

Robert is also a panel member of the Competition and Markets Authority (CMA) and lectures on competition law at Cambridge University.

Bretz said: “We have known each other for over 20 years, having worked together at Linklaters. He will be a great addition to our team.”

Linklaters has been pushing its competition practice in the last year with a number of hires including Bakers & McKenzie global disputes chair Tom Cassels in London in November and Bakers New York partner Douglas Tween one month earlier.

By Tabby Kinder

Gavin Robert appointed Senior Counsel

Euclid Law is pleased to announce the appointment of Gavin Robert as a Senior Consultant.

Before joining Euclid, Gavin was a partner in Linklaters Competition/Antitrust Department for 14 years. Gavin retired as a partner in 2013 to become a Panel Member at the UK Competition & Markets Authority (and previously the UK Competition Commission), where he decides complex merger, market and antitrust cases. Gavin also teaches competition law as part of the Master programme at Cambridge University. Since 2013 until joining Euclid, Gavin was a part-time consultant with Linklaters.

In addition to EU and UK competition law, Gavin has considerable experience of other jurisdictions around the world, especially China and Hong Kong where he led the development of Linklaters’ competition practice for a number of years. Gavin has been consistently ranked in Tier 1 for Competition in most leading directories, including Chambers and Legal 500.

Gavin is a fantastic competition lawyer who combines outstanding legal, academic and regulatory skills. He will be a great addition to ‎the Euclid team.