Competition and antitrust

Bristows' competition team advises on UK and multi-jurisdictional (global) merger reviews, combining specialist merger control expertise with deep experience in technology, life sciences and innovation-driven sectors (among others). Our dual-qualified UK/EU lawyers work closely with corporate, regulatory and IP colleagues to provide seamless support throughout the transaction process.

The UK operates a voluntary merger control regime. However, the CMA can investigate completed transactions and require parties to unwind integration steps, making early assessment of UK merger control risk an essential part of transaction planning.

Right from the outset. If your deal involves acquiring control or significant influence over a UK business, especially in a sensitive sector like defence, energy, communications, artificial intelligence, or advanced materials, then national security clearance must be on your checklist before signing. Getting advice early avoids delays, penalties or having to unwind a completed transaction.

A dawn raid is an unannounced inspection by a competition authority, such as the CMA or European Commission, to obtain evidence of a suspected infringement. Businesses should seek external legal advice and support immediately to ensure they cooperate appropriately, protect legally privileged material and safeguard their rights throughout the inspection and any subsequent investigation.

A follow-on claim is brought in the appropriate national court after a competition authority has established an infringement. The claimant can rely on that decision and needs only to prove causation and loss. By contrast, in a standalone claim the claimant must also establish the infringement itself. Both routes enable parties to seek compensation for harm caused by anti-competitive conduct.

Competition law and intellectual property rights often intersect in technology and life sciences markets. Businesses may need advice on licensing, access to technology, standard-essential patents, interoperability, pharmaceutical regulation and the exercise of IP rights to ensure innovation is protected while complying with competition rules.

Anticompetitive behaviour can take many forms, from abuse of a dominant market position to unlawful agreements or coordination between competitors. Competition law rules are drafted broadly to capture a wide range of conduct. Understanding whether a breach has occurred is a fact-specific exercise that depends on the particular market, the parties involved, and the conduct in question. If you suspect anticompetitive practices, we recommend gathering any relevant documentation or evidence and contacting our specialist competition law team, who can assess the position and advise on the most appropriate course of action.

There are significant overlaps in how EU and UK law applies, but for agreements that affect both markets it is important to take account of the differences between the two regimes. Where required, Bristows’ dual-qualified lawyers can advise on both EU and UK competition law in parallel.

In the UK, the CMA is responsible for enforcing both competition and consumer protection law. The CMA views the promotion of competition and the protection of consumers as complementary aims: robust consumer protection enforcement means rivals compete on a level playing field, preventing businesses from gaining an unfair advantage by breaching consumer law.

At Bristows, our consumer law team combines expertise in competition; advertising and marketing; and commercial transactions. We leverage our expertise in these different areas to provide consumer law advice taking into account varied enforcement risks.