Competition

Typically, competition and regulatory work includes merger control under the Enterprise Act 2002, regulatory and court proceedings under the Competition Act 1998, issues arising from sector-specific regulation, state aid, public sector and utility procurement issues. UK companies must also comply with the relevant EU rules which apply directly to their conduct. UK and EU competition law and practice have been significantly reformed in recent years, with further reform proposals still being considered. An interesting recent development in the United Kingdom has been the introduction of a cartel offence giving rise to liability for individuals, rather than just companies; this adds an important new criminal dimension to competition law work. Private competition law actions are a particular area to watch, with both the UK and EU authorities keen to encourage them.

Christopher Brown's career path is perhaps best described as long and winding, taking in a variety of legal stops along the way. After various schoolteachers advised him to study law at university - "they thought I was quite argumentative" - his degree took in three years in London and one in Germany, at the University of Passau. Having secured a training contract at a City firm, Chris had second thoughts after working as a research assistant for a QC. Instead of embarking on the LPC, he spent a year as a researcher for one of his former professors at King's College London and also taught EU law there. He then completed an LLM in European legal studies at the College of Europe in Bruges.

A pupillage at Brick Court Chambers followed. "It was hard work and an intense year, and I had a sense of being constantly assessed," Christopher remembers. "But the work was mostly interesting and always challenging. I learnt a lot about the art of advocacy and life as a barrister. The frequent advocacy exercises were stressful, but probably stood me in good stead."

Christopher was not offered tenancy at Brick Court, but took up an opportunity with the Competition Appeal Tribunal, the United Kingdom's specialist competition court, where he worked for three years as a legal secretary, or referendaire. "The tribunal has three or four referendaires - junior lawyers who help the tribunal registrar with case management and the panels with research and drafting. " Next, Christopher moved to private practice, setting up Farrer & Co's competition group. However, as he explains, "the lure of the Bar was too strong" and he finally secured a tenancy at Matrix.

Christopher's competition practice doesn't take him to court all that often - although when it does, he's in for the long haul. "It's not like crime, when you're there every day," he explains. "The competition matters I work on are usually very large. For example, I have a case starting in the autumn which will last for around 12 weeks, and I'll be in court almost every day. So when the big competition cases come along, you're tied up with them for a long time." Christopher also points out that few barristers work exclusively on competition - most combine it with related areas, such as public procurement.

Christopher's forthcoming case is an appeal against an Office of Fair Trading (OFT) decision, which concluded that various supermarkets and the two main tobacco manufacturers were involved in price fixing. "I'm acting for one of the supermarkets," he says. "The OFT fines totalled £200 million, with my client alone fined £14 million. It denies that there was anything anti-competitive about the agreements to which it was a party. There is a lot of factual and economic expert evidence to be given at trial, as well as detailed submissions on the law and how it applies to the facts." Christopher is also acting for the European Commission in defence of one of its cartel decisions in relation to air cargo. Recently, he acted for Stagecoach, scoring a notable first by successfully challenging a Competition Commission decision on Wednesbury unreasonableness grounds.

Competition advisory work is preventative as well as reactive. "On a weekly basis I'll be advising companies that are thinking of entering into an agreement with a competitor, or a vertical agreement with a supplier or its customers. They tend to want advice on whether such an agreement would be enforceable." Christopher cites another example: advising a company which is thinking about a merger or acquisition on the risk of an OFT investigation under merger control rules. He also advises companies that claim to be victims of abuse of market position - for example, where a competitor has been pricing unfairly in order to force them from the market - and assess whether they might have grounds for a complaint.

There is also a growing line of work in bringing or defending damages actions. Christopher explains: "Where a competition authority has made a decision that there has been an infringement, the victims of that cartel might seek to bring a damages claim in respect of the loss they have suffered as a result. This is a real growth area at the Bar. One big question is whether the government will make it easier to bring collective damages actions - the OFT wants to facilitate private enforcement, but so far the government hasn't acted on the recommendations. If it does, it could have positive implications for the Bar, in that it would increase litigation." Christopher considers that the Legal Services Act, while big news in general, is unlikely to affect competition law in the same way as those areas that rely on public funding.

Christopher most enjoys the "intellectual challenge and variety of the work" - not to mention the flexibility of being selfemployed. "I can arrange my working days as I see fit, combining practice and academia (I teach once a week on a master's course), and attending and speaking at conferences. I'm not as straitjacketed as an employee of a law firm, at my level of seniority, might be." Still, the theory of these flexible working arrangements can be just that - theoretical. "Sometimes the freedom is illusory. You can't really afford to turn down work, which means you can end up taking on a lot and working long hours to tight deadlines. Your hours can fluctuate wildly, as can your income stream."

As well as the usual attributes of "intellectual aptitude, stamina and advocacy ability", Christopher highlights some key skills that are essential to succeed in competition law: "You need to have business acumen; your advice has to be legally correct and commercially aware. You have to have an interest in EU law, as much of competition is infused with EU law concepts, and a good understanding of how competition law works as a whole, particularly appreciating that it is a delicate interaction of public and private enforcement." Learning more about this field starts at university, taking a competition law course, followed by further experience, such as enrolling for a master's or working as a research assistant, as Christopher did. "That's how I developed my interest and expertise; it was invaluable for me. And in terms of securing pupillage, I could differentiate myself from others." He also suggests a stage at the European Commission as another way to stand out in this increasingly popular area.