We advise companies under investigation for anti-competitive practices which infringe the Competition Act 1998: direct and indirect price-fixing, bid-rigging, market-sharing and restricting output (the Chapter I prohibition). They also include abuse of a dominant position, including the imposition of unfair prices or trading conditions, restricting production / output limitation and markets to the detriment of consumers, and the application of unfair conditions to the disadvantage of competitors (the Chapter II prohibition).
We are frequently instructed to act as Independent Legal Advisor (ILA) to directors, senior managers and employees whether as part of corporate internal investigations or where the CMA is conducting civil investigations of companies. Our work encompasses preparing for and representing individuals at voluntary and compelled interviews as well as the compulsory production of material. We represent company directors at risk of a Directors Disqualification Order as a result of breaches of competition law.
We advise and represent individuals under investigation for the criminal cartel offence under the Enterprise Act 2002, including at interviews under caution, drawing on our extensive experience in defending individuals in corporate and financial crime investigations.
Where cartel investigations involve an international element, we work in conjunction with our in-house cross-border team and alongside expert foreign lawyers to ensure strategic co-ordination.
Our expertise
Our specialist lawyers provide advice and assistance throughout every stage of the civil and criminal enforcement processes including:
- Competition law compliance advice / training;
- Internal investigations, including fact-finding interviews;
- Leniency and no-action applications;
- Crisis management, including dawn raids, internal and external communications;
- Responding to section 26 notices issued pursuant to the CMA’s compulsory document and information-gathering powers;
- Representation at regulatory and criminal interviews (voluntary, compelled and under caution);
- Advising on corporate settlement in civil enforcement proceedings;
- Representing individuals in criminal cartel investigations / prosecutions;
- Competition Appeal Tribunal (CAT) proceedings; and
- Director disqualification proceedings.
Where necessary, we carefully co-ordinate our work with external experts to ensure our clients are in the strongest possible position with regard to enforcement action / representations to regulators and the CAT.
Our experience
Our experienced professionals have been involved in numerous competition law investigations including:
- Advising and assisting a large corporate in the CMA’s investigation into the supply of construction services, including attending at a dawn raid at its premises and subsequently representing it through the CMA’s Competition Act investigation;
- Representing a senior executive in the CMA’s JD Sports / Footaslyum plc merger inquiry;
- Representing an employee of a financial institution during a compulsory interview pursuant to the CMA’s s.26 powers;
- Representing a managing director in the CMA’s criminal investigation into the supply of pre-cast concrete and drainage products, including in interview under caution and preparing letter of representations to the CMA; no charges brought;
- Representing a senior executive in a criminal investigation into price-fixing in the commercial vehicle sector, including in interview under caution; no charges brought;
- Advising employees and former employees in CMA compelled interviews, including in the pharmaceutical and financial services sectors;
- Advising UK-based senior executive in the global air cargo cartel investigation conducted by the EU and the US Department of Justice; and
- Advising a lighting manufacturer during the course of a CMA dawn raid of its offices.
Our reputation
BCL and its lawyers are top ranked by all major legal directories including Chambers & Partners and Legal 500. We are included in GIR’s list of the world’s leading investigations firms and are named as a leading firm in The Times Best Law Firms.
