People

David Bailey

Year of Call: 2012

Clerk: Tony Burgess tony.burgess@brickcourt.co.uk

David Bailey

Year of Call: 2012

Clerk: Tony Burgess   tony.burgess@brickcourt.co.uk

"He has a really impressive legal mind, is extremely well organised, and is someone who always keeps to deadlines, no matter what the circumstances. He has a remarkable ability to synthesise and simplify things."
- Chambers & Partners 2017

“David Bailey is a “stand out” practitioner. With a wealth of expertise in the courts and in front of the European Commission, sources describe him as a “very resourceful litigator”.”
- Who's Who Legal UK Bar 2015

Overview

David Bailey specialises in competition law. He has worked on cases before the High Court, the Court of Appeal, the Competition Appeal Tribunal, the General Court and the Court of Justice of the European Union. He has also advised on various investigations by the Competition and Markets Authority, the European Commission, the Competition Commission of Mauritius, the Hong Kong Competition Commission and the Hong Kong Office of the Communications Authority.

David is Standing Counsel to both the UK Competition and Markets Authority and the Hong Kong Competition Commission.

David is the co-author (with Richard Whish) of Competition Law (8th edition), and the co-editor of Bellamy & Child’s European Union Competition Law (7th edition). He is also a Visiting Professor of Law at King's College London. Prior to being called to the Bar, David was a Referendaire at the Competition Appeal Tribunal, having previously been a Solicitor at Linklaters.

practice areas

EU/Competition

He has an encyclopaedic knowledge of the case law; when you have him on board you know you are not missing out on the law side.” “He has first-class knowledge of CAT procedure” and is “knowledgeable, hard-working, personable and easy to use.”

(Chambers & Partners 2016)

European Courts

Cases C-164/15 & C-165/15 P Commission v Aer Lingus– acting for Aer Lingus in the appeal and cross-appeal to the Court of Justice against the General Court’s judgment in Case T-473/12 (with Aidan Robertson QC) 

Case T-684/14 Krka v Commission - acting unled for the European Commission in an appeal to the General Court against the Commission’s ‘pay for delay’ decision in Servier

Case T-438/14 Silec v Commission - acting unled for the European Commission in an appeal to the General Court against the Commission’s High Voltage Power Cables cartel decision

Case T-460/13 Ranbaxy v Commission - acting unled for the European Commission in the successful defence of an appeal to the General Court against the Commission’s ‘pay for delay’ decision in Lundbeck

Case T-260/13 Ryanair v Commission – acted unled for the Commission in Ryanair’s application for annulment of the Commission’s decision prohibiting Ryanair’s proposed takeover of Aer Lingus (appeal withdrawn)

Case T-473/13 Aer Lingus v Commission – acted for Aer Lingus in obtaining partial annulment of Commission’s State aid decision on differentiated air travel tax rates in Ireland (led by Kelyn Bacon QC)

European Commission

Cases C-164/15 & C-165/15 P Commission v Aer Lingus– acting for Aer Lingus in the appeal and cross-appeal to the Court of Justice against the General Court’s judgment partially annulling a State aid decision on differentiated air travel tax rates in Ireland (with Kelyn Bacon QC)

Electrolytic Capacitors – acting unled for a party under investigation in the European Commission’s ongoing cartel investigation

Credit Default Swaps – acting unled for a party under investigation in the European Commission’s cartel investigation

Acting for a company under investigation by the European Commission for a possible infringement of a marketing authorisation pursuant to the Regulation 658/2007 (with David Anderson QC)

Competition Appeal Tribunal

GlaxoSmithKline & Ors v Competition and Markets Authority – acting for the CMA in defending four appeals against the Paroxetine ‘pay for delay’ decision (with Jon Turner QC, Marie Demetriou QC,  Daniel Piccinin and Thomas Sebastian)

Peugeot SA & Ors v NSK Ltd & Ors – acting for NSK in an action for damages following on from the European Commission’s automotive bearings cartel decision (with Danny Jowell QC)

High Court

Microsoft Mobile Oy (Ltd) v Sony Europe Limited & Ors – acting for Sony Europe and Sony Corp in a stand-alone action for damages in connection with the supply of lithium ion batteries (with Danny Jowell QC)

Vodafone Group Services v Infineon Technologies & Ors [2016] EWHC 1922 (Ch) acting for Renesas in a follow-on action for damages arising out of the smart card chips cartel (with Danny Jowell QC)

Streetmap v Google – acting for Streetmap in a stand-alone action for damages alleging an abuse of a dominant position (with Mark Hoskins QC)

Foundem v Google – acting for Foundem in a stand-alone action for damages alleging an abuse of a dominant position (with Helen Davies QC and Sarah Ford)

iiyama & Ors v LG Electronics & Ors [2016] EWHC 1208 (Ch) – acting for LG Electronics in successfully challenging the territorial scope of action for damages following on from the Cathode Ray Tubes cartel decision (with Brian Kennelly QC)

Unwired Planet v Huawei Technologies [2015] EWHC 1029 (Pat) (with Jemima Stratford QC, Sarah Ford and Sarah Abram) – acted for the claimant in proceedings for infringement of patents

British Airways v AirFrance-KLM & Ors [2014] EWHC 3514 (Ch) – claim for contribution in connection with an action brought against British Airways for damages allegedly caused by the Air Cargo cartel (with Colin West)

National Grid v ABB & Ors – acted for Alstom in a follow-on action for damages in the Chancery Division of the High Court (with Stephen Morris QC and Maya Lester) (settled)

R (BAA) v HM Treasury – acted 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

Competition and Markets Authority

Online resale price maintenance in the commercial refrigeration sector – acted for the CMA in relation to the infringement decision dated 24 May 2016

Online resale price maintenance in the bathroom fittings sector– acted for the CMA in relation to the infringement decision dated 10 May 2016

Phenytoin sodium capsules: suspected unfair pricing – acting for the CMA in relation to an ongoing investigation under the Competition Act 1998

Sports equipment – acting for the CMA in relation to an ongoing investigation under the Competition Act 1998

Pharmaceutical sector: alleged discounts offered on a product – acting for the CMA in relation to an ongoing investigation under the Competition Act 1998

Leisure sector: alleged anti-competitive practices – acting for the CMA in relation to an ongoing investigation under the Competition Act 1998

Energy market investigation – acted for EDF Energy in relation to the CMA’s market investigation

Hotel online booking – acted for the CMA in relation to the closure of an investigation under the Competition Act 1998

Skyscanner v Competition and Markets Authority [2014] CAT 16 - acted for the CMA in an appeal to the CAT against the commitment decision in Hotel Online Booking (with Kelyn Bacon QC);

Mobility Scooters – advised the Office of Fair Trading during an investigation of agreements relating to the sale of mobility scooters

Other competition authorities

ATF Overseas Holdings Limited v Jersey Competition Regulatory Authority – acting for the JCRA in defending an appeal against an infringement decision finding ATF guilty of an abuse of dominance (with Kelyn Bacon QC)

Association of Private Health Plans and Administrators – acting for the APHPA in an ongoing investigation by the Competition Commission of Mauritius

Arbitrations

Acted for a claimant in an LCIA arbitration in relation to a commercial and competition law dispute in the global metals industry (settled)

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

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)

Public Law

Skyscanner v Competition and Markets Authority [2014] CAT 16 – acted for the CMA in a judicial review challenge in the CAT in relation to a commitment decision in Hotel online booking (with Kelyn Bacon QC),

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 (8th edition, Oxford University Press, 2015)

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 Encyclopædia)

Articles:

‘Reinvigorating the role of Article 101(3) under Regulation 1/2003’ (2016) 81 Antitrust Law Journal 401

Odudu and Bailey “The single economic entity doctrine in EU Competition Law” (2014) 51 Common Market Law Review 1721

‘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

Qualifications

2016: Teaching Excellence Award for Sustained Excellence in Teaching, King’s College London

2012 to date: Barrister, Brick Court Chambers

2012 to date: Visiting Professor of law, King’s College London

2010–12: Senior Referendaire, Competition Appeal Tribunal

2007–10: Referendaire, Competition Appeal Tribunal

2003–06: Solicitor, Linklaters LLP

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

2001-2012: Lecturer, King’s College London

2000-2001: LLM, Harvard University

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

Directory Quotes

David is ranked as a leading junior in Chambers & Partners in 2017, and as one of the top three ‘Most Highly Ranked Leading Juniors’ in Who’s Who Legal UK Bar 2015: Competition.

 "A client favourite who has a strong focus on EU and competition law." (Chambers & Partners 2015).

"He is impressive and is gaining an excellent reputation at the Bar." (Chambers & Partners 2015).

“David Bailey is a “stand out” practitioner. With a wealth of expertise in the courts and in front of the European Commission, sources describe him as a “very resourceful litigator”.” (Who's Who Legal UK Bar 2015).

He has an encyclopaedic knowledge of the case law; when you have him on board you know you are not missing out on the law side.” “He has first-class knowledge of CAT procedure” and is “knowledgeable, hard-working, personable and easy to use.” (Chambers & Partners 2016).

"He has a really impressive legal mind, is extremely well organised, and is someone who always keeps to deadlines, no matter what the circumstances. He has a remarkable ability to synthesise and simplify things."  (Chambers & Partners 2017).


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