James Flynn QC's CV

Qualifications

BA (Oxon) Jurisprudence 1977; Called to the Bar (Middle Temple) 1978; Solicitor 1984-1996

Practice Profile

James Flynn QC specialises in EU and competition law. His extensive experience covers all aspects of competition law, including antitrust, abuse of dominance, joint ventures and mergers, market investigations and criminal law aspects. He is also expert in the fields of state aids, public procurement, IP, telecommunications and broadcasting, direct and indirect taxation, free movement and professional and financial services regulation. Before resuming practice at the Bar in 1996, he spent several years with a leading City law firm in London and Brussels and also was a référendaire at the Court of Justice for three years. At Brick Court Chambers, his practice is both advisory and representational, before courts at all levels in England and Wales, including the Competition Appeal Tribunal, and the European Court of Justice and Court of First Instance in Luxembourg. He also appears before the European Commission, Competition Commission, Office of Fair Trading and other regulatory bodies and has acted as both arbitrator and as counsel in commercial/competition law arbitrations. He has appeared in many of the leading cases in his fields and is consistently listed in the commercial directories. He was named Competition/EU Silk of the Year at the Chambers Bar Awards 2011.

Important cases include:

Sky v Ofcom (CAT): Ofcom's powers to impose wholesale must offer obligation in respect of Sky's premium sports channels
Asda v OFT (CAT): alleged object infringement in retail pricing of tobacco products
Ryanair v OFT (CAT): interaction of UK and EU merger control rules
Akzo Nobel -v- Commission (CFI and ECJ): legal professional privilege in EC competition cases
Sky -v- Competition Commission, Virgin Media v Competition Commission (CAT and Court of Appeal): merger control and media plurality aspects of Sky's investment in ITV
R -v- IB (Southwark Crown Court and Court of Appeal): interaction of of criminal cartel offence and UK and EU competition law
Kone -v- Commission (CFI): escalators and elevators cartel
Afton Chemicals (High Court, Administration Court and on reference to the ECJ): validity of EU Directive on fuel additives
R -v- GG plc (Southwark Crown Court, Court of Appeal and House of Lords): criminal law and price fixing: can a cartel be prosecuted as a conspiracy to defraud?
UEFA and FIFA v Commission and Infront AG v Commission (CFI): compulsory listing of sports events under EC broadcasting legislation
Microsoft -v- Commission (CFI): abuse of dominant position, tying and compulsory licensing of IP; conditions for interim relief
Crehan -v- Inntrepreneur Pub Company (High Court, Court of Appeal, House of Lords): damages for competition law infringements; legal effect of EC Commission decisions
Omya v Commission (CFI): EC merger control
BT and Hutchinson 3G -v- Ofcom (CAT and Competition Commission): challenges to Ofcom's decision on regulating termination charges for mobile calls (representing Orange)
Hutchinson 3G v Orange and others (Commercial Court): pre-action disclosure in view of competition damages claim
Endesa v Commission (CFI): interim measures; turnover calculation under the EC Merger Regulation in a Spanish merger in the energy sector
Pernod Ricard v OFT (CAT): nature of appealable decision; adequacy of Bacardi's voluntary undertakings to OFT
Claymore Dairies v Director General of Fair Trading (CAT): nature of appealable decision; decision to lay aside investigation
Somerfield v Competition Commission (CAT): review of CC's decision in a grocery retailing merger
Lysine cartel (CFI and appeal to ECJ): double jeopardy rule; level of fines
Atlantic Container Line v Commission (CFI): collective dominance in liner shipping
Freeserve v Director General of Telecommunications (Competition Commission Appeal Tribunal): nature of appealable decision;
BetterCare v Director General of Fair Trading (Competition Commission Appeal Tribunal): nature of appealable decision; concept of "economic activity" under the Competition Act
Suretrack v Infraco JNP Limited (High Court): injunctions in dominance cases (UK Competition Act)
Lambiris v Specialist Training Authority (High Court and Court of Appeal): judicial review: medical training and EC law
Euroalliages v Commission (European Court of Justice and Court of First Instance): conditions for grant of interim measures; review of decision to terminate anti-dumping measures (acting for third country producers)
Institute of Insurance Brokers v Director General of Fair Trading (Competition Commission Appeal Tribunal): overturning OFT negative clearance decision in first CAT case
Sockel v Body Shop International (High Court): injunctions in abuse of dominance cases (EC law)
Gencor v Commission (European Court of First Instance): collective dominance under the EC Merger Regulation
Ex parte Lunn Poly (High Court and Court of Appeal): judicial review: state aids and discriminatory taxation
Compagnie Maritime Belge (European Court of Justice): collective dominance under Article 82
BP Chemicals v Commission Nos. 1 and 2 (European Court of First Instance): state aids
British Aerospace v Commission (European Court of Justice): state aids

Career

2003: Queen's Counsel
1996 to date: Brick Court Chambers, London and Brussels
1989-1996: Linklaters & Paines, London and Brussels offices (Partner, Brussels office, 1993-1996)
1986-1989: Legal Secretary to Sir Gordon Slynn, Advocate General, subsequently Judge at the European Court of Justice ()
1982-1986: Linklaters & Paines, London and Brussels
1981: Pupillage at Monckton Chambers (with Sir Christopher Bellamy QC), London
1980: Stage, Legal Service, EC Commission Brussels, (competition team, dealing with State aids and anti-trust issues) and European Court of Justice, Luxembourg on Middle Temple Bristow Scholarship
1979: Of Counsel, Goldsmith Delvolvé, Paris

Publications

The Law of State Aid in the European Union (Oxford University Press, 2004)
Chapter on United Kingdom Competition Law in Competition Law in Western Europe and the USA (Kluwer, 2004)
Competition: Understanding the 1998 Act (with Jemima Stratford, Palladian, 1999)
Chapter on EC State Aids in Vaughan, Law of the European Communities (with Leo Flynn, 1999)
Contributions of chapters to many books including European Community Law of State Aids edited by Kelyn Bacon (2009); Civil Appeals (2002; update in press), Butterworths European Court Practice, Butterworths Expert Guide to European Union, Environmental Law in Europe (Kluwer, 1999), Practitioners' Handbook of EC Law, Application of Articles 85 and 86 in the National Courts (EC Commission, 1997) The Role and Future of the European Court of Justice (British Institute of International and Comparative law), as well as many articles on EC and competition law topics.
Frequent speaker at academic and commercial conferences

Legal Directory Comments

Competition/ European

Chambers & Partners

"Solicitors regularly turn to him as they do James Flynn QC. Flynn possesses "top-draw [sic] legal knowledge" and is "someone you can go to who is a superb advocate and always takes the issues seriously."" (Chambers UK 2012)
Clients say that "he is an ideal choice as he is a strong court performer who demonstrates tremendous analytical powers." (2011)
just as strong a reputation for competition and EU law matters, because of his "strategic thinking, swift responses and understanding of the client. (2010)
praised for the 'clarity and practicality of his advice', and his 'thoroughness and pleasing manner', 'he is unassuming and far from bumptious, unlike some others', an 'engaging and persuasive advocate' (2009)
‘really terrific before the courts' ‘Excellent and pragmatic' (2008)
a ‘fluent and open advocate with an excellent institutional knowledge of the
Commission and courts' ‘a leader in state aid' (2007)
‘very approachable and commercially savvy' (2006)
‘virtuoso' ‘exalted for his sensible and down-to-earth style of advocacy' (2005)

Legal 500

"Further notable silks include James Flynn QC, ‘a class act, very experienced in front of the CAT'" (Legal 500 2011)
"excellent advocate" (2010)
singled out for [their] experience before the European courts (2010)
‘sensible and down-to-earth' ‘good on detail' with a ‘institutional knowledge' (2007)
‘very good on detail and easy to work with' (2003)

Public Procurement

Chambers & Partners

‘flavour of the month' (2007)

Further Information

Member of numerous professional organisations; positions currently held include:

Chairman of the Competition Law Association
UK member of CCBE Permanent Delegation to the European Courts
Member of the Bar Council's European Committee

European Law Moot Court Society (Regional Finals judge)

Co-opted Member of the CBI State Aids Panel

Fluent in French (written and spoken)