Nicholas Green QC’s Full CV

Qualifications

LL.B (1980); LL.M (1981) Ph.D (1985)

Practice profile

Nicholas Green QC is joint Head of Brick Court Chambers.  He specialises in competition law, regulatory law, European law and public law.  He also acts in cases with a sporting flavour to them.

He regularly appears before all levels of the English Courts, the Privy Council, public and Governmental inquiries and tribunals, the UK Competition Commission, the Competition Appeal Tribunal, the European Commission, and the General Court of the European Union and the European Court of Justice.

In addition he appears regularly for both private clients and Governments in international Courts and tribunals. Recent examples include appearing before regulatory boards, the High Court and in the Court of Appeal in Hong Kong in a series of cases involving competition law, public law and regulatory issues, the Court of Appeal of the Caribbean in Grand Cayman, and in the Supreme Court of Mauritius in a case with constitutional, commercial and administrative law aspects. 

He also appears as counsel in domestic and international arbitrations for private clients, Governments and Sovereign Wealth Funds, and sits as an arbitrator.

In 2010 he was the Chairman of the Bar Council of England & Wales. In this capacity, as leader of the profession, he led the negotiations between the Bar and the Government over a raft of reforms to the civil and criminal justice systems in the United Kingdom and he led delegations of the profession to destinations around the world in relation to both trade development and promotion of the principles and values of the rule of law.  He stepped down as Chairman at the end of 2010 and has returned full time to practice.

Practice details

At European level Nicholas Green has appeared in approximately 100 cases before the European Court. Many of the case involve competition law but he has also appeared in recent times in cases involving intellectual property, state aids, free movement of goods and services, pharmaceutical licensing and even company law. He has also appeared in many Oral Hearings in competition cases before the European Commission.

In recent years he has been involved in some of the major antitrust and merger appeals before the European Court and before the Competition Appeals Tribunal in the United Kingdom.  He has appeared in cases involving broadcasting, insurance, microprocessors, copyright licences in the music industry and collecting societies, patents and know how licences; trademarks, collecting societies, medical insurance, professional education and training services, trade fairs, televising of sports, satellite hardware and software, beer supply, motor fuels supply, commodities and operation of futures markets, shipping conferences, banking, computer software and hardware, telecommunications, gas, electricity, rail transport and air transport, scope of postal monopolies, etc

He has also appeared in many cases involving the free movement of goods and services and the rules of establishment within the EC. Examples include cases relating to: intellectual property, taxation, hallmarking, Sunday trading, free movement of professionals, pharmaceutical licensing and the free movement of pharmaceutical products, sports advertising, legality of the French Loi Evin (advertising of alcohol), free movement of workers in the maritime sector, freedom of establishment and services in the international carriage of goods by sea, free movement of financial services, broadcasting.

He has recently appeared for the Office of Fair Trading (OFT) in consumer law cases including in relation to the unfair terms in consumer contracts regulations (ex p Khatun, application of unfair contract terms regulation to leases of land), and, OFT v Foxtons (application of unfair terms legislation to buy to let property transactions).

He has sat as a Recorder in the Crown Court since 2004.  He advises companies on the application of the criminal law to cartel activities.

Arbitrations

He regularly appears as counsel in domestic and international arbitrations.  He also sits as an arbitrator.  Recent arbitrations where he has appeared as counsel or as arbitrator have concerned, state operated utilities in Eastern Europe, rail transport, film distribution, international investment treaties (appearing for a Sovereign Wealth Fund), telecommunications, sport, trade mark licences.

Cases before the Competition Appeal Tribunal

He has led in many of the major cases before the before the Competition Appeals Tribunal since its inception.  These include:-

  • BAA v Competition Commission (bias by the CC)
  • MAG v BERR, HSBOS, Lloyds TSB (merger)
  • Tesco v Competition Commission  (judicial review of CC report)
  • Celesio v OFT (merger)
  • O2 v OFCOM (pricing)
  • Independent Media Support Limited -v- Office of Communications (abuse of dominance)
  • GISC v DGFT (trade associations)
  • Aberdeen Journals v Director General of Fair Trading (abuse of dominance)
  • Freeserve v DGT (abuse of dominance)
  • Express Dairies v Director General of Fair Trading (abuse of dominance)
  • Littlewoods v OFT (price fixing)
  • Napp Pharmaceuticals v DGFT (abuse of dominance)
  • Campbell Distilleries v OFT (abuse of dominance)
  • IBA v OFT (merger)
  • Umbro (Replica Football Kit) (price fixing)
  • Hutchinson 3G v Ofcom (pricing)
  • Unichem v OFT (merger)
  • Wanadoo v Ofcom (abuse of dominance)

Cases before General Court / European Court of Justice:

Examples from the last few years include:

  • Football Association Premier League v QC Leisure & others (free movement of broadcasting, copyright, conditional access devices, competition and broadcasting)
  • Hitachi v Commission (price fixing)
  • YKK v Commission (price fixing)
  • Intel v Commission (abuse of dominance)
  • GE- Honeywell v Commission (merger case)
  • Apostolides v Oram (enforcement of foreign judgments)
  • Glaxo v Dowelhurst (trademarks)
  • Bupa (state aid and healthcare)
  • O2 (competition and telecommunications)
  • Masterfoods (competition and role of national court, for the UK Government)
  • British Airways v Commission / Virgin (abuse of dominance, for Virgin)
  • Francovich II; Maso; Gazetta; Palmisani (all 4 cases concerning the liability of employers under the insolvency directive)
  • Milk Marque - Dairy Industry Federation (competition)
  • Olivieri (pharmaceutical authorisations)
  • Asda / Parma-ham (free movement of goods; denominations of origin, for Asda)
  • Bacardi (rights of establishment, for Bacardi)
  • Courage v Crehan (rights to damages for breach of competition rules, for Courage)
  • Church of Christ Science (trade mark appeal from European trade mark office, for trade mark proprietor)
  • Glaxo SK et ors v Dowelhurst & Swingward I and II (trademarks and free movement of goods)
  • Commission v Germany, France, Ireland, Spain, Greece (Gas and electricity monopolies, for the UK Government)
  • BCC v Commission (ECSC; monopoly pricing of coal)
  • Blue Circle v Commission (Price fixing, for Blue Circle)
  • SUNAG (cartels and Shipping conferences)
  • Centro Servizi Spediporto (competition and Italian road haulage rules, for the UK Government)
  • Factortame (damages against the State, for the claimant)

Expert evidence given in Non UK proceedings:

He has given expert evidence in many cases in the United States and elsewhere in relation to European law, UK and EC competition law, and EC constitutional and administrative law.

Publications

He has well over 60 publications in journals worldwide in relation largely to EC law with emphasis on competition law and European law. The three principal publications are "Commercial Agreements and Competition law: Practice and Procedure in the UK and EEC" (1997) (second edition), "Legal Foundations of the Single European Market" (1991) (Co-authored with Professor John Usher and Professor Trevor Hartley), and "Competition Litigation: UK Practice and Procedure" (2009, general editor and contributor).

Legal Directory Comments

European and Competition Law

Legal 500

  • "Brick Court Chambers' standout competition silk and authority on Competition Appeal Tribunal (CAT) proceedings" (2010)
  • ‘He is very effective‘. ‘superb with clients' (2009)
  • An 'exceptional litigator' who received more recommendations from solicitors and clients than any other individual. a ‘ very good performer' ‘ far and away the leading name for competition'. Green ‘ has won every single case for us' (2008)
  • ‘He doesn't shrink from a fight and will go for the other side,' ‘ tactically aware' and ‘empathetic' he has ‘made the CAT his own' (2007)
  • ‘Has a clear grasp of competition and is more than convincing on his feet,' ‘currently the most prominent silk at the Bar' (2005)
  • ‘Brings cutting edge competition law arguments before the courts,' ‘he's cornered the market' (2004)
  • ‘Bright, efficient and user -friendly,' ‘excellent in advice and advocacy' (2003)

Chambers & Partners

  • "Someone who needs little introduction is the "world-class" Nicholas Green QC, whose return to active practice after time serving as chairman of the Bar has seen him resume his seat "at the very top of the competition law world." His evident legal skills are enhanced by his much-praised user-friendly approach and commercial nous." (2013)
  • "Unimpeachable, authoritative and simply of the highest quality," he is tailor-made for the big cases. (2011)
  • "a lawyer who "fixes on the right strategy, pushes the boundaries and comes out with novel arguments." (2010)
  • 'A keen legal mind, excellent commercial sense and a real thirst for interesting and difficult cases', 'by far the leading name for competition matters' and 'knows which way is up and what makes the world go around' (2009)
  • Regarded as ‘amongst the most successful in competition law'. Known as ‘a quick thinker' who ‘presents his case forcefully and has the courage to run innovative arguments' and is ‘superb at strategy' (2008)
  • ‘A superb advocate who can think on his feet' (2007)
  • ‘Focused and no-nonsense,' ‘a nearly permanent fixture on almost all CAT cases and an undisputed leader in competition cases' (2006)
  • ‘Competition silk of first choice,' has a ‘bright, efficient and commercially astute approach in achieving results,' ‘potent advocacy in challenging regulators' (2005)
  • ‘Utterly convincing advice and advocacy,' ‘trademark boldness and purpose' (2003/4).

Sport

Chambers & Partners

  • "He is principally recommended for sports cases with a competition angle to them, although he has undertaken a very broad range of regulatory and commercial disputes for clients in the football and athletic fields." (2013)
  • ‘noted for his expertise in competition-related sports cases.' (2011)
  • ‘Nicholas Green QC's practice deals predominantly with competition' (2010)
  • 'Mustard-keen when it comes to anything with a competition element to it', 'a complete expert on EU Law issues' (2009)
  • ‘ Commercial skills, intellectual ability and persuasive advocacy' (2008)
  • ‘A great competition lawyer who knows how to apply that within sport' (2007)
  • ‘Truly expert in bringing his skills to bear on a range of sports work' (2006)
  • ‘Excellent,' ‘the first choice in competition and sports issues' (2005)

Telecommunications

Chambers & Partners

  • "Nicholas Green QC is amongst the best and brightest competition and regulatory law experts in the field, and has managed cases in all of the major courts, including the CAT and the ECJ. He takes a keen interest in matters with an antitrust, sovereign immunity and above all international bent, and is regularly instructed by telecoms giants and national regulators the world over." (2013)
  • ‘An obvious choice for any list of recommended silks' (2011)
  • ' "a top performer and one of the leading competition experts in the country. Admired for being "incredibly enthusiastic, charming and informal," he is "the cream of the crop," according to many.' (2010)
  • 'Pre-eminent for regulatory and competition disputes' (2009)
  • A ‘barrister of enormous experience,' an ‘absolute master in that arena' (2008)

  • Has a ‘formidable knowledge of the law and of the industry' (2007)

Administrative and Public Law 

Chambers & Partners

  • ‘Very clever and creative, a joy to work with and a good team player' (2006)

 Commercial Litigation

Chambers & Partners

  • ‘Responsive and easy to work with' (2006)

Further information

  • Called to the Bar (1986)
  • Appointed Queens Counsel (1998)
  • Appointed Bencher of the Inner Temple 2002
  • Called to the Bar of Hong Kong 2004
  • Appointed Recorder of the Crown Court 2004
  • Cited as a Leading Silk for Sports Law in Chambers & Partners 2001 - 2011, Telecommunications 2007 - 2011 and in EU and Competition by Legal 500 and Chambers & Partners 2001 - 2010/11; Competition Silk of the Year 2005

Other Professional appointments

  • Chairman of the Bar Council of England & Wales (2010)
  • Member of the Council of the Inns of Court (2010)
  • Member of the Council of the International Bar Association ("IBA") (2010)
  • Chairman Policy Advisory Group of the Bar Council (2009)
  • Former Visiting Professor University of Durham
  • Honorary Professor, University of Leicester
  • Chairman, Legal Service Committee of the Bar 2005 - 2007
  • Chairman European Committee of the Bar 2002 - 2005
  • Executive Committee of the Inner Temple 2003 - 2005
  • Member of General Management Committee of Bar Council 2002 - 2010
  • UK representative on CCBE permanent delegation to the European Court of Justice
  • Member of Bar Council 2002 - 2010
  • Vice-Chairman of The International Relations Committee of the Bar Council 2000-2002
  • Chairman of Bar European Group (BEG) 1999-2001