EU & competition law

Lawyers working in competition law will handle a wide variety of matters on behalf of their clients including: merger control; self-assessment under the relevant competition regimes; responding to investigations by the competition authorities in the UK and EU; and handling related court proceedings. It is a dynamic practice area that includes not only the practice of law but also the application of the economic principles underpinning the exercise of competition.

It is common to attend meetings with the European Commission in Brussels.

Graduate careers in EU and competition law

The type of work undertaken in this area will depend greatly on the practice of each firm and, as such, the type of clients will vary from large global companies to national or even local organisations. At a global level, clients will often require co-ordination of competition matters across many different jurisdictions. These may involve:

• a review of current or proposed agreements and/or practices for compliance with national and supra-national competition rules
• assisting with litigation such as private damages actions
• advising on the creation of joint ventures
• co-ordinating the submission of merger notifications
• assisting with investigations being carried out by competition authorities.

For smaller clients, the impact of national competition rules may be just as significant as their practices and agreements will also need to comply with, for example, regulations governing sharing of information and the imposition of restrictions on competition contained in contracts.

The review of existing business practices and the provision of competition compliance training will often provide an opportunity to develop a close and continuing relationship with clients. In carrying out transactional work for larger clients, while the transaction itself may only last for several months, the level of contact required to develop the requisite understanding of the business and the industry in which it operates will also often result in a lasting relationship, with the same team called upon for future transactions or other advisory matters.

The work/life balance offered by this practice area is dependent on the type of work carried out and the clients of a particular firm. Global transactions will often require coordination with lawyers in a number of jurisdictions leading to early morning or late evening conference calls depending on location. It is also common to attend meetings with the European Commission in Brussels. Deadlines imposed by competition authorities or courts will also have an impact on the hours worked.

Is EU & competition law recession-proof?

In general, workload has remained largely unaffected by the recession. Competition authorities have maintained their focus on investigations into a number of industry sectors, proceedings before the courts continue and compliance remains a core concern for business.

What is it like doing a trainee solicitor's job in EU and competition law?

A trainee’s tasks will differ substantially depending on the type of work being carried out. These may include: document management; communicating with other parties’ advisers; and assisting in the preparation of submissions to the courts and competition authorities. Research is another area for which trainees are relied upon.

As this area of law is constantly evolving, it is important that partners and associates are kept up to date on legislative and judicial developments. Much of the research carried out by trainees will be used directly to advise clients. Trainees may also be expected to attend meetings with clients or competition authorities alongside the other team members and to prepare minutes of those meetings.

Types of law practised by EU and competition solicitors

• EU and UK competition law.
• Commercial litigation.

What skills does an EU and competition law solicitor need to do the job?

• Excellent research skills.
• Time and project management skills.
• Drafting skills – ‘template’ documents play an insignificant role in this area of practice.
• Good communication skills are also essential in dealing with clients, regulators and other advisers.

About the author

ELIZABETH TURNER is a managing associate at ORRICK, HERRINGTON & SUTCLIFFE. She has a history degree from the University of Sheffield.