People

David Bailey

Year of Call: 2012

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

David Bailey

Year of Call: 2012

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

overview

David Bailey practises competition and EU law. He has worked on cases before the High Court, the Court of Appeal, the Competition Appeal Tribunal and the General Court of the European Union as well as proceedings before the Competition Commission and the European Commission.

Prior to being called to the Bar, David was a Senior Référendaire at the Competition Appeal Tribunal where he worked on appeals under the Competition Act 1998 and the Communications Act 2003; applications for judicial review in merger control and market investigations; as well as damages actions. Prior to that David trained and worked as a Solicitor at Linklaters LLP where he advised on a number of UK and EU competition law investigations, including anti-competitive agreements, abuse of dominance, market investigations and merger control.

David has been a Visiting Professor of Law at King's College London since December 2012; prior to that he taught as a Visiting Lecturer and Senior Lecturer at King’s College London from 2001 to 2012.

practice areas

David Bailey practises EU and competition law. He has worked on cases before the High Court, the Court of Appeal, the Competition Appeal Tribunal and the General Court of the European Union as well as proceedings before the Competition Commission and the European Commission.

EU/Competition

Case T-260/13 Ryanair v Commission – acting for the European Commission in Ryanair’s application for annulment of the Commission’s decision prohibiting Ryanair’s proposed takeover of Aer Lingus

Case T-473/12 Aer Lingus v Commission – acting for Aer Lingus in its application for annulment of a State aid decision on differentiated air travel tax rates in Ireland

R (BAA) v HM Treasury – acting for BAA in its appeal against the judgment of Moses J in relation to the compatibility of the Aggregates Levy with the EU state aid rules

Streetmap v Google – acting for Streetmap in a stand-alone action for damages alleging an abuse of a dominant position

Acting for a claimant in an LCIA arbitration in relation to a commercial and competition law dispute in the global metals industry

Acting for a respondent in an ICC arbitration in respect of a competition law dispute between a well-known sports team and a sportswear manufacturer

Cases whilst working as a pupil at Brick Court Chambers:

Case C-270/12 United Kingdom v Council of the European Union and European Parliament – acted for the United Kingdom in its challenge in the Court of Justice to a part of the EU Regulation on short-selling and certain aspects of credit default swaps (as a pupil assisting Jemima Stratford QC)

Case C-362/12 Test Claimants in the Franked Investment Income Group Litigation – acted for the United Kingdom in its observations on a reference for a preliminary ruling on the recovery of national taxes paid contrary to European Union law (as a pupil assisting Kelyn Bacon)

Case T-473/12 Aer Lingus v Commission – acted for Aer Lingus in its application for annulment of a State aid decision on differentiated air travel tax rates in Ireland (as a pupil assisting Kelyn Bacon)

Dr Reddy's Laboratories (UK) Ltd v Warner-Lambert Company LLC [2012] EWHC 3715 (Pat) acted for Pfizer in defending a challenge to an extension of a supplementary protection certificate granted to Pfizer under the Paediatric Regulation (as a pupil assisting Kelyn Bacon)

Secretary of State for Health v Servier Laboratories Ltd [2012] EWHC 2761 (Ch) – acted for Servier in relation to a contested application for a stay of proceedings and disclosure

Quarmby v Office of Fair Trading [2012] EWCA Civ 1552– acted for the Office of Fair Trading in defending an appeal against a costs ruling of the Competition Appeal Tribunal (as a pupil assisting Kelyn Bacon)

Nestle SA v Dualit Limited – acted for Nestle in relation to a patent infringement action (as a pupil assisting Jemima Stratford QC)

Cases whilst working as a referendaire at the Competition Appeal Tribunal:

Tesco v OFT (Dairy appeal)

BSkyB v Ofcom (Pay TV appeals)

Imperial Tobacco v OFT (Tobacco appeals)

Construction Cartel appeals (Bid-rigging appeals)

Construction Recruitment appeals (penalty appeals)

Enron v English, Welsh & Scottish Railway (follow-on damages action)

Public Law

Cases whilst working as a pupil at Brick Court Chambers:

Eventech Ltd v Parking Adjudicator [2012] EWHC 1903 (Admin) – acting for Eventech in its appeal against the order of Burton J dismissing its judicial review of Transport for London’s bus lane policy (as a pupil assisting Kelyn Bacon)

Cases whilst working as a referendaire at the Competition Appeal Tribunal:

Everything Everywhere v Ofcom (Mobile Call Termination II)

Stagecoach v Competition Commission (merger)

BAA v Competition Commission (Airports market investigation)

Hutchison 3G v Ofcom (Mobile Call Termination I)

Tesco v Competition Commission (Groceries market investigation)

BSkyB v Competition Commission (BSkyB/ITV merger)

Merger Action Group v Secretary of State (LloydsTSB/HBOS merger)

Publications

Books:

Whish and Bailey Competition Law (7th edition, Oxford University Press, 2012)

Rose and Bailey (eds) Bellamy and Child European Union Competition Law (7th edition, Oxford University Press, 2013)

Division 1 of Butterworths Competition Law (five volume looseleaf Encycopædia)

Articles:

‘Restrictions of competition by object under Article 101 TFEU’ (2012) Common Market Law Review 559

‘Regulation 330/2010: the Commission’s new block exemption for vertical agreements’ (with Richard Whish) (2011) Common Market Law Review 1757

‘Presumptions in EU Competition Law’ (2010) 31 European Competition Law Review 362-369

‘Single, overall agreement in EU Competition Law’ (2010) Common Market Law Review 473-508

Qualifications

2012 to date: Barrister, Brick Court Chambers

2007–12: Référendaire, Competition Appeal Tribunal

2003–06: Solicitor, Linklaters LLP

2003 to date: Attorney-at-law, New York

2000-2001: LLM, Harvard University

1997-2000: LLB and AKC, King’s College London


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