Kelyn Bacon’s Full CV

Practice profile

Kelyn Bacon is a senior junior with extensive experience in competition and EU law. She has appeared in numerous landmark cases in the High Court, Court of Appeal, Supreme Court, General Court and ECJ, as well as the Competition Appeal Tribunal and proceedings before the Competition Commission and European Commission. Her clients have included major domestic and international private clients such as GE, Microsoft, Intel, Umbro, Adidas, Visa, BUPA, Pfizer, Aer Lingus, Telefónica, Vodafone, BSkyB and the BBC, as well as government departments and sectoral regulators. She also regularly appears for both the UK government and private clients in European Court proceedings.

Kelyn is currently acting for various parties in numerous Competition damages cases as well as for several pharmaceutical companies in EU/Competition law disputes in the High Court and the General Court, and is representing the UK government in a range of proceedings in the General Court and ECJ raising issues of State aid, free movement and corporate taxation.

Kelyn is cited in Chambers and Partners as one of the leading juniors in Competition/EU law, Administrative and Public law and Telecommunications, and in the Legal 500 as one of the leading juniors in EU and competition law. She was awarded ‘Competition/EU Junior of the Year' at the 2008 Chambers Bar Awards, and is a member of the Attorney General's A Panel.

Legal career

March 2011 - present: Junior Counsel to the Crown (A Panel)

2010 - present: Visiting Lecturer at UCL: LLM course in EU State Aid and Competition law

2002 - 2005: Visiting Fellow at Queen Mary College, University of London

1999 - 2002: Visiting Lecturer at Queen Mary College, University of London: LLM course in Comparative US/EC Antitrust Law

1998 - present: Pupillage and practice at Brick Court Chambers, London

October 1998: Called to Bar

1997 - 1998: Tutor at University College London: contract and tort law; and London School of Economics: European law

1997 - 1998: Inns of Court School of Law, London, Bar Vocational Course (Princess Royal Scholar, Inner Temple)

1996 - 1997: European University Institute, Florence, LLM in European Law

1994 - 1995: University of Konstanz, Germany, Erasmus student

1992 - 1996: Merton College, Oxford, MA in Law with law studies in Europe (1st class, Field Fisher Waterhouse Prize for EC law, Martin Wronker Prize for Trusts)

Practice areas

Competition and State aid law:

Kelyn has extensive experience in the fields of competition and State aid law, both advising clients and appearing in the English and European courts and tribunals, as well as appearing in administrative proceedings before the OFT, the Competition Commission and the European Commission. Her areas of expertise include Article 101/Chapter I prohibition, Article 102/Chapter II prohibition, mergers, telecommunications regulation and State aid litigation and advisory work. Her clients have included major domestic and international private clients, as well as government departments, local government bodies, sectoral regulators and trade associations. She is also the editor and co-author of the leading practitioner textbook European Community Law of State Aid (second edition forthcoming).

General EU law:

Kelyn has appeared in a number of high profile cases in the English and European Courts raising issues of general EU law, including free movement rights, VAT, taxation, telecommunications law, pharmaceutical regulation, intellectual property and consumer protection. She has acted in over 30 cases before the General Court and ECJ, representing both private clients and the UK Government.

Administrative and public law:

Kelyn has acted for both applicants and respondents in judicial review proceedings raising issues of English and European law, including telecommunications regulation, pharmaceuticals regulation, consumer protection and human rights. She has represented private sector clients and government bodies, including sectoral regulators, and has appeared in proceedings in the domestic courts as well as preliminary references to the ECJ.

Important cases

European Courts:

  • T-12/12 Laboratoires CTRS v Commission (pending, pharmaceuticals regulation)
  • T-251/11 Austria v Commission (pending, State aid)
  • C-322/11 K (pending, free movement, taxation)
  • C-123/11 A Oy (pending, taxation)
  • C-35/11 Test claimants in the FII group litigation (pending, free movement, taxation)
  • C-18/11 Philips Electronics (pending, taxation)
  • T-362/10 Vtesse v Commission (pending, State aid)
  • T-75/10 Embraer v Commission (pending, State aid)
  • T-286/09 Intel v Commission (pending, Article 102)
  • C-371/10 National Grid Indus (free movement, taxation)
  • C-427/09 Generics (pharmaceuticals patents)
  • C-310/09 Accor (taxation)
  • C-279/08 P Commission v Netherlands (State aid)
  • C-297/08 Commission v Italy (environmental law)
  • C-527/07 Generics (pharmaceuticals regulation)
  • C-282/07 Truck Centre (taxation)
  • C-48/07 Les Vergers (taxation)
  • C-283/05 ASML (Brussels regulation)
  • T-201/04 Microsoft v Commission (Article 102)
  • T-328/03 O2 v Commission (Article 101)
  • T-289/03 BUPA v Commission (State aid)
  • C-336/03 easyCar v OFT (distance selling regulations)
  • C-207/03 Novartis (pharmaceuticals regulation)
  • T-210/01 General Electric v Commission (merger appeal)
  • T-74/00 etc and C-39/03 P Artegodan and others v Commission (pharmaceuticals regulation)

  • C-254/99 P ICI v Commission (Article 101)

UK courts:

  • Ryanair v OFT and Aer Lingus (pending, merger control)
  • Microsoft v Datel (pending, copyright infringement, Article 102 damages claim)
  • Secretary of State for Health v Servier (pending, Article 101/102 damages claim)
  • Emerald v British Airways (pending, Article 101 damages claim)
  • National Grid v ABB, Alstom, Areva and Siemens (pending, Article 101 damages claim)
  • Generics v Synaptech (pharmaceuticals regulation)
  • Test claimants in the FII group litigation (free movement, taxation, restitution)
  • Vodafone 2 v HM Revenue (free movement, taxation)
  • Virgin Media v BSkyB (conflicts and disclosure)
  • H3G v O2 & others (Articles 101 and 102/Chapter I and II prohibition)
  • Boake Allen v Commissioners of Inland Revenue (free movement, taxation)
  • DMG v Commissioners of Inland Revenue (restitution, taxation)
  • Adidas v Draper & others (Articles 101 and 102)
  • Pirelli v Commissioners of Inland Revenue (free movement, taxation)
  • OFT v Officers Club (misleading advertising)
  • R (Merck Sharp & Dohme) v Licensing Authority (pharmaceuticals regulation)
  • IBA v OFT (merger appeal)
  • R (T-Mobile, Vodafone and Orange) v DGT (telecommunications)
  • Unipart v O2 (Article 101)
  • R (British Aggregates Association) v HM Treasury (State aid)
  • DEFRA v CPA (parallel import of pesticides)
  • R v SS for Trade and Industry, ex p. One 2 One and BT3G (State aid)
  • R v Commrs of Inland Revenue, ex p. Professional Contractors' Group Ltd et al (State aid)

Competition Appeal Tribunal:

  • BT et al v Ofcom (mobile call termination)
  • Ryanair v OFT (merger control)
  • Construction Cartel appeals (bid-rigging appeals)
  • Barclays v Competition Commission (PPI market investigation appeal)
  • Vodafone v Ofcom (mobile number portability appeal)
  • H3G and BT v Ofcom (mobile call termination appeal)
  • Mastercard v OFT (interchange fees)
  • Celesio v OFT (merger appeal)
  • Umbro v OFT (replica football kit)
  • Unichem v OFT (merger appeal)
  • IBA v OFT (merger appeal)
  • Freeserve v DGT (BT broadband)

Administrative proceedings:

  • OFT investigation into Cathay Pacific Airways and Virgin Atlantic (acting for the OFT)
  • European Commission investigation into Intel (acted for Intel)
  • Indonesian Competition Supervisory Commission investigation into Temasek Holdings and others (acted for Temasek)
  • European Commission investigation into International roaming (acted for O2)
  • OFT investigation into replica football kit (acted for Umbro)

Publications

Books:

  • European Community Law of State Aid (2009, second edition forthcoming)
  • Section on State Aids in Encyclopaedia of EU Law, eds Vaughan and Robertson (2007 and 2011)
  • Chapter on "State Aids in the English Courts - Definition and Other Problems" in The Law of State Aid in the European Union, eds Biondi, Eeckhout and Flynn (2004)
  • Chapters on licensing of IP rights under EC/UK competition law in Working with Technology: Law and Practice, eds Pierce and Purvis (2001)

Articles:

  • 'Tying after Microsoft: One step foward and Two steps back?' (2008) Competition Policy International 65
  • 'European Court of Justice upholds Judgment of the Court of First Instance in the British Airways/Virgin saga' (2007) 2 Competition Policy International 227
  • ‘The concept of state aid - The developing jurisprudence in the European and UK courts' (2003) 24 European Competition Law Review 54
  • ‘The substantive test for prohibition of a merger: did GE/Honeywell pass the test?" (2002) 17 Eurolawyer 12
  • ‘Differential Taxes, State Aids and the Lunn Poly Case', (1999) 20 European Competition Law Review 384
  • ‘State Aids and General Measures' (1997) 17 Yearbook of European Law 269
  • ‘State Regulation of the Market and EC Competition Rules: Articles 85 and 86 Compared' [1997] European Competition Law Review 283

Further information

Languages: French and German, conversational Italian.

Numerous lectures and seminars on competition and State aid law, for solicitors, government departments and postgraduate students in the UK, other European countries and the USA.