People

Aidan Robertson QC

Year of Call: 1995 Silk: 2009

Email: aidan.robertson@brickcourt.co.uk

Clerk: Ian Moyler ian.moyler@brickcourt.co.uk

Aidan Robertson QC

Year of Call: 1995 Silk: 2009

Email: aidan.robertson@brickcourt.co.uk

Clerk: Ian Moyler   ian.moyler@brickcourt.co.uk

“offers a ‘detailed knowledge of both European and domestic competition law issues.’ This depth of expertise is by no means the only string to his bow - he also garners praise for his ‘highly responsive and caring service’ and ‘ability to cut to the heart of an issue.’”
- Chambers & Partners 2013

“Another client favourite is Aidan Robertson QC, who impresses with ‘his understanding of the fabric of the law, especially when it comes to EU and regulatory issues.’ He ‘really gets to the root of a case and has great depth of legal knowledge to fall back on,’ clients report.”
- Chambers & Partners 2012

Overview

Aidan Robertson QC specialises in competition, EU and public law. He has appeared in numerous cases in the Competition Appeal Tribunal, High Court, Court of Appeal and Supreme Court in England and in the General Court and Court of Justice of the European Union, as well as appearing at oral hearings before competition and regulatory authorities. He has acted as counsel and as expert witness in arbitrations. He also has an extensive advisory practice. He has a broad client base, acting for both private clients and public authorities.

His EU expertise extends to the fields of state aid, agriculture, regional develpment funding (ERDF), food, healthcare, public procurement, telecommunications, pharmaceuticals, direct and indirect taxation, free movement, financial services and international trade.

He has acted for both applicants and respondents in judicial review proceedings in EU, competition and regulatory matters.

Aidan Robertson QC has been identified as a leading Silk in EU and competition law since taking Silk in 2009, and before that had been identified as one of the leading juniors in those fields for the previous 10 years by both the Legal 500 and Chambers and Partners.

He is a Visiting Professor at the University of Oxford, where he has taught competition law since 1990.

practice areas

EU/Competition

Aidan Robertson QC specialises in competition, EU and public law. He has appeared in numerous cases in the Competition Appeal Tribunal, High Court, Court of Appeal and Supreme Court in England and in the General Court and Court of Justice of the European Union, as well as appearing at oral hearings before competition and regulatory authorities. He has acted as counsel and as expert witness in arbitrations. He also has an extensive advisory practice. He has a broad client base, acting for both private clients and public authorities.

His practice includes all aspects of competition law, including antitrust, abuse of dominance, joint ventures and mergers, market investigations and criminal investigations. He has acted and continues to act in a number of follow-on damages claims in both the CAT and High Court for both claimants and defendants arising out of EU cartel decisions in Vitamins, LCD Panels, Copper Tubes, Copper Fittings, Refrigeration Compressors, CRT Glass, TV and Computer Monitor Tubes, Air Cargo Fuel Surcharges, Polyurethane Foam and Automotive Glass. He acted for the BMA in the judicial review in the CAT of the CMA’s Private Healthcare report. He also acted in the John Lewis v OFT judicial review in the CAT.

He has been appeared in many of the leading competition cases in recent years including MasterCard (interchange fees), FA Premier League v QC Leisure and Murphy v Media Protection Services (broadcast rights to Premier League football matches), BSkyB, Merger Action Group and IBA Health (merger challenges). He acted for over 20 construction companies in the largest ever UK cartel investigation and in 8 subsequent successful appeals to the CAT and Court of Appeal including the Tomlinson, Francis, GMI and Interclass cases.

His expertise extends to the fields of state aid, agriculture, regional development funding (ERDF), food, healthcare, public procurement, telecommunications, pharmaceuticals, direct and indirect taxation, free movement, financial services and international trade.

He is now acting in follow-on Francovich claims for damages for farmers’ producer organisations against the UK and Scottish governments for breach of the Common Agricultural Policy, having acted in several successful appeals against withdrawal of agricultural subsidies, including SPL v DEFRA Nos 1 and 2 and Angus Growers v Scottish Ministers.

He has acted for both applicants and respondents in judicial review proceedings involving challenges based upon both EU and English law. He has particular expertise in judicial review in EU, competition and regulatory matters.

Aidan Robertson QC has been identified as a leading Silk in EU and competition law since taking Silk in 2009, and before that had been identified as one of the leading juniors in those fields for the previous 10 years by both the Legal 500 and Chambers and Partners.

He is co-editor (with David Vaughan CBE QC) of the multi-volume encyclopaedia “Law of the European Union” (OUP). He has contributed to a large number of books and journals as well as lecturing extensively. He has taught the postgraduate competition law course at Oxford University since 1990, where he is a now a Visiting Professor, having formerly been a full-time university lecturer and fellow of Wadham College.

Competition and State Aid Law

  • iiyama v Schott [2016] EWHC 1207 (Ch) (Article 101 damages claim, extra-territorial application of EU law)
  • T-356/15 Austria v Commission, UK intervening (Hinkley Point C nuclear power station), ongoing (State aid)
  • Joined Cases C-164/15 P & C-165/15 P Commission v Aer Lingus & Ryanair, judgment pending (State aid)
  • AXA PPP v CMA, BMA intervening [2015] CAT 5, [2015] CompAR 172 (market investigation, judicial review)
  • C-382/12 P MasterCard v Commission, 11 September 2014, on appeal from T-111/08 MasterCard v Commission, 24 May 2012, acting for British Retail Consortium intervening in support of the European Commission (Article 101)
  • Carewatch Care Services v Focus Caring Services [2014] EWHC 2313 (Ch) (Chapter I prohibition, franchising)
  • WH Newson v IMI [2013] EWHC 3788 (Ch), [2014] UKCLR 306 (Article 101, follow-on damages claim)
  • John Lewis v OFT [2013] CAT 7, [2013] CompAR 301 (market investigation, judicial review of remedy)
  • Interclass v OFT [2012] EWCA Civ 1056 (Chapter I prohibition)
  • Nokia v AU Optronics & others [2012] EWHC 731 (Ch), [2012] UKCLR 245 (Article 101 damages claim)
  • Joined Cases C-403/08 & 429/08 FA Premier League and Murphy, judgment of 4 October 2011 (Article 101 and free movement of services)
  • GMI v OFT [2011] CAT 12, [2011] CompAR 427 (Chapter I prohibition)
  • Francis, GAJ, Hobson & Porter & JH Hallam v OFT [2011] CAT 9, [2011] CompAR 294 (Chapter I prohibition)
  • Interclass, Seddon & Tomlinson v OFT [2011] CAT 7, [2011] CompAR 118 (Chapter I prohibition)
  • BSkyB v Competition Commission [2010] EWCA Civ 2, on appeal from [2008] CAT 25 (merger judicial review)
  • BCL Old Co & ors v BASF; Grampian Country Food Group & ors v Sanofi-Aventis & ors [2009] CAT 29, [2010] CompAR 1 (Article 101 damages claims)
  • Merger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform, Lloyds TSB and HBOS [2008] CAT 36 (merger judicial review)
  • BCL Old Co & ors v BASF [2009] EWCA Civ 434, on appeal from [2008] CAT 24 (Article 101 damages claim)
  • Vodafone v Ofcom (Mobile Number Portability) [2008] CAT 22 (Communications Act 2003 appeal)
  • Murphy v Media Protection Services [2007] EWHC 3091 (Admin), [2008] EWHC 1666 (Admin) (Article 101 and free movement issues)
  • FA Premier League v QC Leisure [2008] EWHC 1411 (Ch), [2008] UKCLR 329, and [2008] EWHC 44 (Ch), [2008] UKCLR 65, summary judgment (Article 101 and free movement issues)
  • British Nuclear Group Sellafield v E.ON [2007] EWHC 2245 (Ch) (interim Article 102 issues only)
  • Dŵr Cymru v Corus [2007] EWCA Civ 285 (Chapter II prohibition)
  • AAH & ors v Pfizer & UniChem, [2007] EWHC 565 (Ch), [2007] UKCLR 1561, David Richards J (Articles 101 & 102, Chapter I & II prohibitions)
  • SanDisk v Philips & ors [2007] EWHC 332 (Ch), [2007] UKCLR 1539, Pumfrey J (Articles 101 & 102, Chapter I & II prohibitions)
  • Makers v OFT [2007] CAT 11, [2007] CompAR 699 (Chapter I prohibition)
  • CEMEX v DEFRA, DTI, Castle Cement, Buxton Lime Industries and Lafarge Cement [2006] EWHC 3207 (Admin), Sullivan J (environmental regulation)
  • R (GNER) v Office of Rail Regulation, Hull Trains and Grand Central Railway [2006] EWHC 1942 (Admin), Sullivan J (rail regulation)
  • MasterCard v OFT, Competition Appeal Tribunal, 2005-2006, decision set aside and remitted to OFT (Article 101 and Chapter I prohibition)
  • Somerfield v Competition Commission [2006] CAT 4, [2006] CompAR 390 (merger control, Enterprise Act 2002)
  • Albion Water v OFWAT and Dŵr Cymru [2005] CAT 40, [2006] CompAR 269 (Chapter II prohibition)
  • Genzyme v OFT [2005] CAT 32, [2006] CompAR 195 and [2004] CAT 4, [2004] CompAR 358 (Chapter II prohibition)
  • BCL Old Co & ors v Aventis and Roche [2005] CAT 1 & 2, [2005] CompAR 470 & 485 (1st claim for damages under section 47A Competition Act 1998)
  • The Wireless Group v RAJAR [2004] EWHC 2925 (Ch), [2005] UKCLR 203, Lloyd J (Article 102/Chapter II prohibition)
  • Pernod v OFT [2004] CAT 10, [2004] CompAR 707 (Chapter II prohibition)
  • C-308/01 GIL Insurance v Customs & Excise, [2004] ECR I-4777; reference from Customs & Excise v GIL [2001] EuLR 401, VAT Tribunal and see also [2000] STC 204, High Court (State aid/IPT)
  • IBA Health v OFT, Court of Appeal, [2004] 4 All ER 1103, [2004] UKCLR 683 & Competition Appeal Tribunal, [2003] CAT 27 (1st challenge to an OFT merger decision under section 120 Enterprise Act 2002)
  • Frazer v Nissan [2004] EuLR 445, Sir Andrew Morritt V-C (Article 101/motor vehicles distribution block exemption)
  • Land Rover v UPF (in administrative receivership) [2003] 2 BCLC 222, HHJ Norris QC, Birmingham Mercantile Court (Article 102/Chapter II prohibition)
  • HJ Banks & Co v Coal Authority & Secretary of State for Trade and Industry [2002] EuLR 483, Court of Appeal, following reference to ECJ, Case C-390/98 HJ Banks & Co v Coal Authority & Secretary of State for Trade and Industry [2001] ECR I-6117; on appeal from High Court [1997] EuLR 610 (state aid - ECSC Treaty)
  • IIB & ABTA v Director General of Fair Trading and GISC [2001] CAT 4; [2001] Comp AR 62 Competition Commission Appeal Tribunal (1st full appeal hearing under the Competition Act 1998)
  • R v Competition Commission and Secretary of State for Trade and Industry ex p Interbrew, [2001] UKCLR 954, 2002] LLR 109, Moses J (merger review)
  • C-344/98 Masterfoods [2000] ECR I-11369 (Article 101)
  • Ordnance Survey v AA [2001] EuLR 80, High Court (Article 102)
  • R v Customs & Excise ex p Lunn Poly [1999] STC 350, Court of Appeal, [1998] STC 649, Divisional Court (State aid)
  • Courage v Crehan [1999] EuLR 834, Court of Appeal (Article 101)
  • Passmore v Morland [1999] 3 All ER 1005, Court of Appeal (Article 101)
  • Huggins v Capital Radio Restaurants, 6th May 1999, High Court (Article 101)
  • Alphasense v City Technology Ltd, 1999, High Court (Article 102)
  • ICI v Kalon, 1999, High Court (Article 102)
  • R v OFTEL ex p Cellcom [1999] ECC 314, [1999] COD 105, High Court (Telecommunications Act 1984)
  • Norbain v Dedicated Micros [1998] EuLR 266, High Court (Article 102)
  • R v OFTEL ex p BT, 20th December 1996, Divisional Court (Telecommunications Act 1984)

Aidan Robertson has brought and defended complaints before, and advised those under investigation by, the European Commission, the Competition and Markets Authority, the Competition Commission and the Office of Fair Trading, including:

  • Interchange fees (OFT, closed by CMA) 2004-2015
  • Private healthcare (CMA, market investigation, acted for the BMA), April 2014
  • Retail practices for tobacco products in the UK (OFT, Chapter I prohibition breach, acted for Somerfield), April 2010
  • Investigation into the grocery retail sector (OFT, alleged Chapter I prohibition breach), case closed against client, November 2009
  • Construction Recruitment Forum (OFT, Chapter I prohibition breach, acted for Fusion People), September 2009
  • Bid Rigging in the Construction Industry in England (OFT, Chapter I prohibition breach, acted for 19 of the 112 construction firms in receipt of the OFT's statement of objections), September 2009
  • Thermo Electron/GV Instruments (Competition Commission, May 2007, merger inquiry)
  • Scottish Processing Dairies (OFT, alleged Chapter I prohibition breach, case closed) October 2008
  • Independent Schools information exchange [2007] UKCLR 361 (OFT final decision, 20th November 2006, breach of Chapter I prohibition, acted for 10 of the 50 schools and the Independent Schools Council)
  • Store Card Credit Services (Competition Commission, March 2006, market investigation)
  • DS Smith/LINPAC Containers (Competition Commission, October 2004) for DS Smith (merger inquiry)
  • Genzyme (see Genzyme v OFT above)
  • General Insurance Standards Council Rules application for clearance/exemption under the Competition Act [2001] UKCLR 331 & 838 (see IIB & ABTA v Director General of Fair Trading and GISC [2001] Comp AR 62 above)
  • Supermarket Prices (Competition Commission, October 2000, Cm 4842), for Somerfield (complex monopoly reference)
  • New Motor Vehicles (Competition Commission, April 2000, Cm 4660) for Vauxhall (complex monopoly reference)
  • BA/CityFlyer (Competition Commission, Cm 4346, 1999) for Virgin Atlantic Airways (merger inquiry)
  • Anglo-American/Lonrho (European Commission, OJ 1998 L149/21), for third party (merger inquiry)
  • British Digital Broadcasting Plc (European Commission, OJ 1997 C 291/11), for complainant subsidiary of NTL (complaint of breach of Articles 101 & 102).

Extensive competition law advisory work on every aspect of the EU and UK competition rules, particularly in proceedings before the European Commission, Competition Commission and the Office of Fair Trading. Clients include public and private companies, trade associations, government departments, competition authorities and sectoral regulators.

European Union Law

  • SPL v DEFRA, ongoing claim for Francovich damages in ChD
  • Angus Growers v Scottish Ministers [2012] EuLR 539, Scottish Land Court (appeal, recognition as a producer organisation under Regulation 2200/96 on the common organisation of the market in fruit and vegetables) - liability for Francovich damages now established [2016] CSOH 26
  • T-212/06 Bowland Dairy Products v European Commission [2009] ECR II-4073 (food hygeine, claim for damages). See also T-212/06R Bowland Dairy Products v European Commission, Order of the Court of First Instance 12th September 2006 (successful application for interim relief)
  • R (Speciality Produce) v DEFRA [2009] EWHC 1245 (Admin), [2010] EuLR 136, Ian Dove QC, sitting as a deputy High Court judge (judicial review, recognition as producer organisation under Regulation 2200/96 on the common organisation of the market in fruit and vegetables)
  • JB Leadbitter & Co v Devon County Council, Sir Andrew Morritt, Chancellor, 4th March 2009 (public procurement - successful application for interim injunction)
  • FA Premier League v QC Leisure [2008] EWHC 1411 (Ch), [2008] UKCLR 329, and [2008] EWHC 44 (Ch), [2008] UKCLR 65, summary judgment (Article 101 and free movement issues)
  • Murphy v Media Protection Services [2007] EWHC 3091 (Admin), [2008] EWHC 1666 (Admin) (free movement of goods - appeal by case stated)
  • Lion Apparel v FireBuy [2007] EWHC 2179 (Ch), [2008] EuLR 191, Morgan J (public procurement - application for interim injunction)
  • R (GNER) v Office of Rail Regulation, Hull Trains and Grand Central Railway [2006] EWHC 1942 (Admin), Sullivan J, 27th July 2006
  • R (Fuji) v Department of Health, Wilkie J, 25th May 2005 (public procurement)
  • DEFRA v Maltco 3, [2004] EWCA Civ 82, Court of Appeal, on appeal from Davis J, [2003] EWHC 469 (QB), (Common Agricultural Policy, export refunds)
  • NWP v Department of Finance and Personnel, Kerr J, 4th April 2003, NI High Court (public procurement)
  • C-27/00 R v Secretary of State ex p Omega Air Ltd, [2002] ECR I-2569 (challenge to the EU's "Hushkits Regulation"), referred by High Court [2000] EuLR 254
  • T-165/99 Omega and 7Q7 v Council of the European Union (damages claim for loss arising out Hushkits Regulation)
  • C-380/98 R v HM Treasury ex p University of Cambridge [2000] ECR I-8035 and final judgment in High Court [2001] EWHC 978 (Admin) (public procurement)
  • Park Lane v DETR, High Court, 2001 (free movement of goods damages claim)

Aidan Robertson has also drafted pleadings and/or appeared at oral hearings on behalf of the United Kingdom in a number of cases before the Court of Justice of the European Union, including:

  • T-356/15 Austria v Commission, UK intervening (Hinkley Point C nuclear power station), ongoing (State aid)
  • C-275/15 ITV Broadcasting v TV Catchup, judgment pending (EU broadcasting regulation)
  • C-175/06 Tedesco, case subsequently withdrawn (judicial co-operation in taking evidence)
  • C-195/02 Commission v Spain [2004] ECR I-7857 (free movement of persons)
  • C-8/01 Taksatorringen [2003] ECR I-13711 (VAT)
  • C-437/00 Pugliese [2003] ECR I-3573 (Civil jurisdiction and enforcement of judgments)
  • C-144/00 Matthias Hoffmann [2003] ECR I-2921 (VAT)
  • C-411/00 Felix Swoboda, [2002] ECR I-10567 (public procurement)
  • C-167/00 Henkel, [2002] ECR I-8111 (Civil jurisdiction and enforcement of judgments)
  • C-246/99 Commission v Denmark, case removed from register by Order of 11th September 2002 (free movement of goods - the Danish can ban)
  • C-174/00 Kennemer [2002] ECR I-3293, [2002] QB 1252 (VAT)
  • C-380/99 Bertelsmann [2001] ECR I-5163 (VAT)
  • C-191/99 Kvaerner [2001] ECR I-4447 (free movement of services)
  • C-150/99 Stockholm Lindpark v Sweden [2001] ECR I-493 (VAT)
  • C-344/98 Masterfoods [2000] ECR I-11369 (competition)
  • C-3/99 Cidrerie Ruwet S.A. v Cidre Stassen S.A. & H.P. Bulmer Ltd [2000] ECR I-8749 (free movement of goods)

Advised on cases covering just about every aspect of EU law, for clients including public and private companies, government departments, sectoral regulators and even a political party during the 1997 General Election campaign.

Telecommunications

Aidan has considerable experience in the competition and regulatory aspects of telecommunications. He has acted for both fixed and mobile networks, as well as for regulatory authorities in the UK and overseas. He has successfully defended Competition Act 1998 investigations brought by the regulator, including oral hearings. He has been involved in a number of cases including potential appeals to the Competition Appeal Tribunal, and has advised widely on regulatory matters. Cases include: Vodafone v OFCOM (Mobile Number Portability) [2008] CAT 22.

Public Procurement

Aidan frequently advises UK government departments and agencies as well as the private sector on all aspects of compliance and enforcement within the field of Public Procurement. He has litigated public procurement cases in both the national and European courts. His cases include:

  • JB Leadbitter & Co v Devon County Council, Sir Andrew Morritt, Chancellor, 4th March 2009 (successful application for interim injunction)
  • Lion Apparel v FireBuy [2007] EWHC 2179 (Ch), [2008] EuLR 191, Morgan J (application for interim injunction)
  • R (Fuji) v Department of Health, Wilkie J, 25th May 2005 (English High Court)
  • NWP v Department of Finance and Personnel, Kerr J, 4th April 2003 (Northern Irish High Court)
  • C-411/00 Felix Swoboda, [2002] ECR I-10567 (European Court of Justice)
  • C-380/98 R v HM Treasury ex p University of Cambridge [2000] ECR I-8035 (European Court of Justice) and final judgment in English High Court, 15th November 2001.

Recent major advisory work includes:

  • Advising a major logistics operator on various questions arising out of its operation of procurement services for a central government department.
  • Advising a leading protective clothing manufacturer on the validity of a challenge to a contract award under a mini competition.
  • Advising a supplier of motor vehicle immobilisation, removal, storage and disposal services on the validity of a challenge to a contract award.
  • Jointly advising a central government department and a logistics operator on various questions arising out of the operation of procurement services.
  • Advising a government agency on the procurement of legal services.
  • Advising a major trade association on various potential challenges to the procurement practices of a central government department.
  • Advising a major utility on procurement implications of a restructuring of one of its core business activities.

VAT/Insurance Premium Tax

Aidan Robertson has acted in a number of cases in the Court of Justice of the European Union, English Courts and the First-tier and Upper Tribunals. Cases include:

  • S&I Electronics v HM Revenue & Customs [2015] UKUT 162 (TCC), [2013] UKFTT 296 (TC), on remittal from [2012] UKUT 87 (TCC), on appeal from [2009] UKFTT 108 (TC)
  • WHA v HMRC [2013] UKSC 24, Supreme Court, upholding Court of Appeal [2007] STC 1695 (final judgment) and [2004] STC 1081 (interim judgment)
  • Moorbury v HM Revenue & Customs [2010] UKUT 360 (TCC), on appeal from [2009] UKFTT 180 (TC)
  • St Andrews Healthcare v HM Revenue & Customs [2007] UK VAT 20499
  • C-308/01 GIL Insurance v Customs & Excise, 29th April 2004; reference from Customs & Excise v GIL [2001] EuLR 401, VAT Tribunal and see also [2000] STC 204, High Court (state aid/IPT)
  • C-8/01 Taksatorringen, [2003] ECR I-13711
  • C-144/00 Matthias Hoffmann [2003] ECR I-2921
  • C-174/00 Kennemer [2002] ECR I-3293, [2002] QB 1252
  • C-380/99 Bertelsmann [2001] ECR I-5163
  • C-150/99 Stockholm Lindpark v Sweden [2001] ECR I-493
  • McNicholas Construction v Customs & Excise, High Court, [2000] STC 553, and VAT Tribunal,12th January 1999
  • R v Customs & Excise ex p Littlewoods [1998] The Times 3 March, Court of Appeal

Public Law

Aidan Robertson has acted for both applicants and respondents in judicial review proceedings involving challenges based upon both EU and English law. He has particular expertise in judicial review in EU, competition and regulatory matters.

  • AXA PPP v CMA, BMA intervening [2015] CAT 5, [2015] CompAR 172 (market investigation, judicial review)
  • John Lewis v OFT [2013] CAT 7 (market investigation, judicial review of remedy)
  • BSkyB v Competition Commission [2010] EWCA Civ 2, on appeal from [2008] CAT 25 (merger review)
  • R (Speciality Produce) v DEFRA [2009] EWHC 1245 (Admin) Ian Dove QC sitting as a deputy High Court judge (common agricultural policy)
  • Meger Action Group v Secretary of State for Business, Enterprise and Regulatory Reform, Lloyds TSB and HBOS [2008] CAT 36 (merger judicial review)
  • CEMEX v DEFRA, DTI, Castle Cement, Buxton Lime Industries and Lafarge Cement [2006] EWHC 3207 (Admin), Sullivan J (environmental regulation)
  • R (GNER) v Office of Rail Regulation, Hull Trains and Grand Central Railway [2006] EWHC 1942 (Admin), Sullivan J (rail regulation)
  • Somerfield v Competition Commission [2006] CAT 4, [2006] CompAR 390 (merger review)
  • R (Fuji) v Department of Health, Wilkie J, 25th May 2005 (public procurement)
  • IBA Health v OFT, Court of Appeal, [2004] 4 All ER 1103, [2004] UKCLR 683 & Competition Appeal Tribunal, [2003] CAT 27 (1st ever challenge to an OFT merger decision under section 120 Enterprise Act 2002)
  • C-27/00 R v Secretary of State ex p Omega Air Ltd, [2002] ECR I-2569 (challenge to the EU's "Hushkits Regulation"), referred by High Court [2000] EuLR 254
  • C-380/98 R v HM Treasury ex p University of Cambridge [2000] ECR I-8035 and final judgment [2001] EWHC 978 (Admin) (public procurement)
  • R v Competition Commission and Secretary of State for Trade and Industry ex p Interbrew, [2001] UKCLR 954, Moses J (mergers)
  • R v University of West of England ex p Maddock [2001] The Independent, 12th February, Court of Appeal (education)
  • R v Customs & Excise ex p Lunn Poly [1999] STC 350, Court of Appeal, [1998] STC 649, Divisional Court (state aid)
  • R v OFTEL ex p Cellcom [1999] ECC 314, [1999] COD 105, High Court (telecommunications)
  • R v University of West of England ex p Sharples, 14th July 2000, Burton J (education)
  • R v SS ETR ex p BIMTA, 1999 (EU free movement of goods)
  • R v Customs & Excise ex p Littlewoods [1998] The Times, 3rd March, Court of Appeal (VAT)
  • R v OFTEL ex p BT, 20th December 1996, Divisional Court (telecommunications)

Publications

  • Co-editor of Vaughan & Robertson's Law of the European Union (looseleaf, OUP)
  • Contributor to Competition litigation: UK practice and procedure (OUP, 2010)
  • Co-author with Nicholas Green QC of second edition of Commercial Agreements and Competition Law (1997, pub Kluwer Law International)
  • Co-editor with Nicholas Green QC of The Europeanisation of UK Competition Law (1999, pub Hart Publishing)
  • Member of the Editorial Board of the European Competition Law Review (ECLR)
  • Member of the Editorial Board of the UK Competition Law Reports (UKCLR)
  • Numerous articles, case notes and book reviews in professional and academic journals, including
  • Is the Licensee Estoppel Rule Good Law? Was it ever? [1991] EIPR 373
  • Compulsory copyright licensing under EC law? (1992) 108 LQR 39
  • Recent Developments in EEC intellectual property legislation (1992) 12 YEL 175
  • Enforcement of the UK Restrictive Trade Practices Act: judicial limitations and legislative proposals [1992] ECLR 82
  • The South Yorkshire Transport case:  a matter of no substance? [1992] ECLR 180
  • Substantial: What's in a word? [1993] ECLR 217
  • Effective Remedies in EEC Law Before the House of Lords (1993) 109 LQR 27
  • But that was in another country (1994) 43 ICLQ 417 (with M Demetriou)
  • An ice cream war: the law and economics of freezer exclusivity [1995] ECLR 7 (with M Williams)
  • Corporate liability for contempt of court under the Resrictive Trade Practices Act 1976 [1995] ECLR 196
  • US extra-territorial jurisdiction in antitrust matters: recent developments [1995] ECLR 461 (with M Demetriou)
  • Does the United Kingdom or European Community Need an Unfair Competition Law? [1995] EIPR 568 (with A Horton)
  • The existence and exercise of copyright: can it bear the abuse? (1995) 111 LQR 588
  • Annual surveys of European intellectual property law (1995) 15 YEL 409, (1996) 16 YEL 559 and (1997) 17 YEL 423
  • The Reform of United Kingdom Competition Law - Again? [1996] ECLR  210
  • Technology transfer agreements: an overview of how Regulation 240/96 changes the law [1996] ECLR 157
  • Recent developments in UK competition law [1997] JBL 358
  • Restrictive Trade Practices: the Baines and Net Book Agreement cases (1997) 141 SJ 517
  • University Challenge [2000] JR 251
  • "They think it's all over... :": the implications of the Restrictive Practices Court's decision in the Premier League/BSkyB case [2000] ISLR 23
  • Judicial review of competition law decisions [2001] JR 84
  • Judicial review of competition law decisions: the Interbrew case [2002] JR 88
  • Challenging state aid in the courts [2002] JR 91
  • Professional Rules under the Competition Act 1998 [2002] Comp Law 93
  • Litigating under the Competition Act 1998: the early case law [2002] Comp Law 335
  • Litigating under the Competition Act 1998: recent case law [2004] Comp Law 85
  • State aid and reference policy after GIL Insurance [2004] ECLR 603
  • The first claims for damages in the Competition Appeal Tribunal [2005] ECLR 365 (with F Randolph)
  • R (Fuji Photofilm v Secretary of State for Health) case note (2005) 14 PPLR NA150
  • Competition law in the courts [2006] Comp Law 5
  • The application of European competition law to sports broadcasting (2006) 25 World Comp 423
  • Judicial Review in the United Kingdom of Competition and State Aid Decisions Part I [2007] ECLR 553 and Part II [2007] ECLR 585 (with M Lester and S Love)
  • Article 81 EC: the rule of reason revisited [2007] Comp Law 318
  • Competition law in the UK courts - a review of the last three years [2009] Comp Law 79
  • Consistent application of EU and domestic competition law: the UK experience, 2009/4 Zeitschrift für Wettbewerbsrecht 427 (Journal of Competition Law)
  • UK competition litigation: from Cinderella to Goldilocks? [2010] Comp Law 275
  • Developments in Commercial Regulation and Judicial Review 2010 [2011] JR 94
  • Minimum Unit Pricing for Alchohol in the Court of Justice [2014] EJRR 459
  • Pulling the Twigger: directors and employees back in the firing line for damages after Jetivia in the Supreme Court? [2015] ECLR 325

Qualifications

Called to the Bar: July 1995 Middle Temple

Silk: March 2009

Visiting Professor in Law, Oxford University 2015 - present

Visiting Lecturer in Law, Oxford University 2003 - 2015
Fellow and Tutor in Law, Wadham College, Oxford 1990-1999
University Lecturer, Oxford University 1990-1996

Solicitor of the Supreme Court of England and Wales 1988-1995

1988-90 Solicitor, Eversheds, Leeds

1986-88 Articled Clerk, Boodle Hatfield, London

1985-86 Law Society Final Examination, Newcastle upon Tyne Polytechnic

1984-85 LLM, Jesus College, Cambridge (1st class)

1981-84 BA Hons, Law, Jesus College, Cambridge (1st class all parts)

Directory Quotes

  • “Recognised for his role in many ground-breaking cases, he is well regarded for both his litigation and his advisory work. He is particularly strong on cartel claims, and recently acted for a number of firms in the huge OFT investigation into the construction industry.” (Chambers & Partners 2015)
  • "He is ever willing to discuss a brain teaser with you, even if he is not actually working on an active case on your behalf. He's a very friendly person to work with." (Chambers & Partners 2015)
  • "He gets on top of large volumes of material quickly and gives definite and pragmatic advice. His turnaround time is impressive." (Chambers & Partners 2015) 
  • "Extremely knowledgeable." (The Legal 500 2014)
  • "offers a "detailed knowledge of both European and domestic competition law issues." This depth of expertise is by no means the only string to his bow - he also garners praise for his "highly responsive and caring service" and "ability to cut to the heart of an issue."" (Chambers & Partners 2013)
  • "Another client favourite is Aidan Robertson QC, who impresses with "his understanding of the fabric of the law, especially when it comes to EU and regulatory issues." He "really gets to the root of a case and has great depth of legal knowledge to fall back on," clients report." (Chambers UK 2012)
  • "Aidan Robertson QC 'cuts to the heart of any issue' and is a 'totally reliable pair of hands'" (Legal 500 2011)
  • "The "quick-witted and effective" Aidan Robertson QC, like many at the set, is a veteran of all the major courts including the High Court, Competition Commission and Court of Appeal." (Chambers & Partners 2011)
  • "praised for being "able to make complex issues and legal concepts readily understandable to clients." " (Chambers & Partners 2010)

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