Competition law

Fundamental to most western governments is a belief in the value of free markets. Competition law seeks to justify that belief by ensuring that markets remain competitive and work well for consumers. It prohibits companies avoiding competition (for example through cartels) and abusive behaviour by dominant companies (think Microsoft, BT, etc). Mergers are controlled in situations where they would substantially reduce competition and regulators are allowed to investigate markets that deliver poor results.

A competition law barrister's work

The facts in competition law cases are hugely varied, as the rules may be applied to any industry in Europe or the UK. Some industries are sexier than others. One day you may be considering what competition law has to say about the rules of British horse racing or the International Olympic Committee. Another you will be immersed in the practices of the felt roofing industry or trying to understand how an obscure medical product is distributed. You’ll also develop a little knowledge of economics. 

Competition cases tend to be private companies against regulators (such as the Office of Fair Trading or the Competition Commission) and barristers will represent both types of body. A lot of the work is advisory: companies ask you to help them stay out of hot water. Even when things start getting adversarial, the initial stages of the process may be before the regulator, with cases coming to court only when a final decision is taken and challenged. 

Competition law is enjoying a period of rapid expansion, with new rules and a specialist court (the Competition Appeal Tribunal) introduced in the UK in the last few years. The new rules are modelled on Europe. Knowledge of EC law is therefore helpful: competition law is relatively new so gaps remain and arguments are often based on first principles, just as in other areas of EC law. Competition law is also the subject of increasing media coverage, as it affects issues that are important to our everyday lives. Recent high profile cases have included the European Commission’s decision about how the Premier League should sell its TV rights and UK investigations into alleged price fixing by airlines and supermarkets.

Is competition law recession-proof?

Barristers are lucky in that the area of competition law most affected by the downturn, namely merger work, is predominantly carried out by solicitors. Much of the Bar's work is generated by long-running regulatory inquiries and litigation, which have largely been unaffected.

What skills do competition law barristers need?

• The ability to work in teams on complex cases, including alongside economists and business men and women.
• Good analytical skills (competition law is intellectually demanding) and writing skills (clear, precise written submissions are very important).
• The ability to absorb large volumes of evidence and present it persuasively 

Competition law pupillages

As a pupil, and in your first few years, much of your competition law work will be in chambers rather than in court. This is bad if you want to be the next George Carman, swaying juries with incisive cross-examination and colourful phrases, but good if you are hoping to achieve a work/life balance, meeting friends and going to the cinema in the evenings. However, no set of chambers practices competition law exclusively so there will be opportunities for advocacy in other areas, typically in public or commercial law. 

Types of law practised

• EC.

Julian Gregory is a barrister at Monckton Chambers. He is a specialist in competition, EC and public law.