People

Marie Demetriou QC

Year of Call: 1995 Silk: 2012

Email: marie.demetriou@brickcourt.co.uk

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

Marie Demetriou QC

Year of Call: 1995 Silk: 2012

Email: marie.demetriou@brickcourt.co.uk

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

“Enormously impressive and pitch-perfect in difficult hearings.”
- Legal 500 2016

"I found her EU legal expertise to be second to none." "She was extraordinarily impressive and responsive"
- Chambers & Partners 2015

Overview

Marie Demetriou QC is recognised as a leading advocate in the fields of Competition law, EU law, Admin& Public law, Regulatory Law (including Pharmaceutical  law and Telecommunications) and Human Rights. In 2016, Marie was awarded EU and Competition Law Silk of the Year by Legal 500, which in addition nominated her as Public Law Silk of the Year.  Marie was also one of three nominees for Chambers & Partners Competition Law Silk of the Year. In 2015, she was appointed Standing Counsel to the Competition and Markets Authority and represents the CMA in its litigation before the Courts as well as representing a wide range of commercial clients, public bodies and NGOs. 

Over the past year, some highlights of Marie’s practice have included:

  • Representing the CMA in the Supreme Court in its successful appeal in Société de Production Seafrance v Competition and Markets Authority;
  • Representing Philip Morris both in the Administrative Court in its challenge to the UK plain packaging regulations (R(BAT and others v Secretary of State for Health) and in the CJEU in its challenge to the 2nd Tobacco Products Directive (Philip Morris v Secretary of State for Health);
  • Representing commercial clients in a number of ongoing competition damages claims in the High Court and the CAT, including acting for Philips in its successful strike out of the claim brought against it by iiyama (CRT cartel); and representing defendants in ongoing damages claims relating to power cables, mobile phone batteries, ball bearings and smart card chips.
  • Representing UK consumers against MasterCard in one of the very first opt-out claims brought under the new collective actions regime in the CAT;
  • Advising the CMA in relation to its market investigations in Banking and Energy;
  • Representing the UNHCR in two hearings before the Court of Appeal (ZAT v SS Home Department; MSM(Somalia) v SS Home Department); and representing the Aire Centre in an intervention in the Supreme Court concerning EU free movement (Mirga v SS for Work and Pensions).

Before taking Silk, Marie was a member of the Attorney General’s ‘A’ Panel; and between 1999-2002, she was a referendaire to Judge Edward at the European Court of Justice.  In addition to her busy practice, Marie maintains an active academic role in the law.  She is Visiting Fellow at King’s College, London and has co-authored and contributed to several books including, most recently, Sports Law (Hart Publishing, 2nd ed) and the Chapter on EU law in Judicial Review, Principles and Procedure (OUP).

practice areas

Marie practises in EU/Competition Law and Public Law.

EU/Competition

EU law

Marie has acted in many high-profile EU law cases before the English and European Courts. Her EU law practice is diverse and includes free movement (challenge to the Hunting Act in the House of Lords, QC Leisure v Premier League in the ECJ), conflict of laws (Apostolides), aviation (TUI Travel), equal treatment (Timbrell), relationship with domestic law (Interfact/Budimir), sanctions (PMOI), asylum/human rights (NS, El Kott).  Marie was a référendaire to Judge Edward at the ECJ and is currently Visiting Fellow at the Centre for European Law, King’s College, London and a Trustee of the Slynn Foundation.

Notable cases include:

  • Case C-411/10 NS(ECJ; asylum; effect of EU Charter of Fundamental Rights)
  • Case C-364/11 El Kott (ECJ; rights of Palestinian refugees)
  • Joined Cases C-199/12 and C-201/12 X, Y and Z (ECJ, asylum, sexual orientation)
  • Joined Cases C-403/08 and C-429/08 QC Leisure and others v FA Premier League (ECJ; cross-border broadcasting; intellectual property)
  • Joined Cases C-581/10 and C-629/10 TUI Travel and others v CAA (ECJ; obligations of airlines in event of delays to flights)
  • Case C-281/09 Commission v Spain (ECJ; television advertisting)
  • Case C-512/08 Commission v France (ECJ; free movement, cross-border healthcare)
  • Case C-27/09P France v People's Mojahedin of Iran (ECJ, asset freezing)
  • Case C-420/07 Apostolides v Orams (ECJ; status of the occupied area of Cyprus; conflict of laws)
  • Case T-284/08 People's Mojahedin of Iran (General Court; list designating terrorist organisations; asset freezing; human rights)
  • Case C-336/08 Reinke (ECJ, cross-border healthcare; social security)
  • Case C-142/09 Lahousse (ECJ; transport; free movement)
  • Case C-438/05 Viking Line v International Transport Workers' Federation and Finnish Seamen's Union (ECJ, free movement; right to strike)
  • Case C-344/04 R(IATA) v Secretary of State for Transport [2006] ECR I-403 (ECJ; passenger compensation for cancelled and delayed flights)
  • Case C-506/04 Wilson [2006] ECR I-8613 (ECJ, freedom of establishment for lawyers)
  • Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 71 (Court of Appeal; application of Equal Treatment Directive to transsexuals)
  • Interfact Ltd v Liverpool City Council; R v Rainbird and Budimir [2010] EWCA Crim 148 (Court of Appeal; consequence of failure to notify legislation under Technical Standards Directive)
  • Oracle America v M-Tech Data Ltd [2010] EWCA Civ 997 (Court of Appeal; EU trade mark/ free movement)
  • R(Countryside Alliance and others) v HM Attorney General [2007] UKHL 52, [2007] 3 WLR 922 (House of Lords; Challenge to the Hunting Act)
  • REPIC Ltd v Secretary of State for Business, Enterprise and Regulatory Reform [2009] EWHC 2015 (Admin) (EU waste legislation)
  • Liu and others v Secretary of State for the Home Department [2007] EWCA Civ; and W(China) and X(China) v Secretary of State for the Home Department [2006] EWCA Civ 1494 (both Court of Appeal; EU citizenship)

Competition law

Marie has been instructed in many of the leading competition cases, both in the CAT and in the High Court.  She is currently instructed in a large commercial arbitration raising issues under Article 101 TFEU as well as in several cartel damages claims.  Marie has also appeared in the CAT in a number of appeals from decisions of regulators, including decisions of the OFT applying the competition rules and decisions of Ofcom in the fields of broadcasting and telecommunications.

Notable cases include:

  • National Grid v ABB and others [2009] EWHC 1326 (Ch), (cartel damages claim arising from Commission decision in gas-insulated switchgear
  • Deutsche Bahn v Morgan Crucible [2011] CAT 16; (pending before the Supreme Court, time limit for bringing damages claim)
  • Cooper Tyre and Rubber Co v Bayer and others (Commercial Court; cartel damages claim)
  • Air Freight (High Court)
  • Crest Nicholson Plc v OFT [2011] CAT 10 (appeal against penalty; bid-rigging in construction industry)
  • BSkyB v Competition Commission; Virgin Media v Competition Commission [2010] EWCA Civ 2 (Court of Appeal; application of media plurality provisions in Enterprise Act; Sky's acquisition of shareholding in ITV)
  • Sky v Ofcom; FA Premier League v Ofcom (CAT; Pay TV; challenge to Ofcom's decision to require Sky to provide its two main sports channels to its competitors)
  • Barclays Bank Plc v Competition Commission (PPI) [2009] CAT 27 (Challenge to Competition Commission's Report on payment protection insurance)
  • Vodafone, Orange, O2 and T-Mobile v Ofcom [2010] EWCA Civ 391 (Court of Appeal; respective jurisdictions of the CAT and the OFT in appeals under the Communications Act)
  • BT v Ofcom [2009] CAT 11 (mobile call termination)
  • Orange Personal Communications Services Ltd v Ofcom [2007] CAT 36 (Ofcom's dispute resolution powers under the Communications Act 2003)
  • H3G v Ofcom [2008] CAT 11 (significant market power in the market for wholesale mobile voice call termination)
  • Vodafone v Ofcom [2008] CAT 22 (mobile number portability)
  • BT v Ofcom (0845/0870 numbers)
  • Crehan v Inntrepreneur Pub Company [2006] UKHL 38 (House of Lords; damages action; status of Commission decisions in national courts)
  • Hutchison 3G UK Ltd v O2, Orange, T-Mobile and Vodafone [2008] EWHC 55 Comm (Commercial Court; pre-action disclosure; Article 81 EC)
  • Argos and Littlewoods v OFT [2006] EWCA Civ 1318 (Court of Appeal; price-fixing)
  • AAH Pharmaceuticals v Pfizer and Unichem [2007] EWHC 565 (High Court; interim injunction; Articles 81 and 82; distribution of pharmaceuticals)
  • OFT's Market Enquiry into distribution of pharmaceuticals. Represented the British Association of Pharmaceutical Wholesalers.
  • Trouw UK Limited v Nippon Soda and Mitsui (Commercial Court; cartel damages claim
  • Independent Schools - price-fixing

Public Law

Marie is recommended in the principal directories as a leading advocate in public law and human rights.  Prior to taking Silk she was a member of the Attorney General’s ‘A’ Panel of Counsel.   She acts for both claimant, defendants and NGOs in public claw and human rights cases before the English Courts, the EU Courts and the European Court of Human Rights.

Notable cases include:

  • Case C-411/10 NS (ECJ; effect of EU Charter of Fundamental Rights)
  • Case C-364/11 El Kott (ECJ; rights of Palestinian refugees)
  • R(Eventech) v TFL (Admin Court; Addison Lee's challenge to TFL's bus lanes policy)
  • Timbrell v Secretary of State for Work and Pensions [2010] EWCA Civ 71 (Court of Appeal; application of Equal Treatment Directive to transsexuals)
  • Interfact Ltd v Liverpool City Council; R v Rainbird and Budimir [2010] EWCA Crim 148 (Court of Appeal; consequence of failure to notify legislation under Technical Standards Directive)
  • R(EM and others) v Secretary of State for Work and Pensions [2010] EWCA Civ 18 (Court of Appeal; Article 14 ECHR; entitlement of psychiatric patients to social security benefits)
  • Case T-284/08 People's Mojahedin of Iran, judgment of 4 December 2008 (General Court; list designating terrorist organisations; asset freezing; human rights)
  • R(Countryside Alliance and others) v HM Attorney General [2007] UKHL 52, [2007] 3 WLR 922 (House of Lords; challenge to the Hunting Act)
  • R(Crest Nicholson) v OFT [2009] EWHC 1875 (Admin) (Challenge to OFT's settlement procedure)
  • AL v Human Fertilisation and Embryology Authority and Secretary of State for Health [2008] EWHC 2149 (Fam) (Article 8 ECHR; fertility treatment; consent requirements)
  • Liu and others v Secretary of State for the Home Department [2007] EWCA Civ; and W(China) and X(China) v Secretary of State for the Home Department [2006] EWCA Civ 1494 (both Court of Appeal; EU citizenship)
  • R(Crouch) v South Birmingham Primary Care Trust and Secretary of State for Health [2008] EWHC 605 (Admin) (NHS arrangements for dentists)
  • R(Compassion in World Farming) v DEFRA [2004] EWCA Civ 1009 (livestock protection legislation)
  • Campbell v Secretary of State for Work and Pensions [2004] 3 All ER 387 (Court of Appeal; Article 9 ECHR)
  • Former King of Greece v Greece 33 EHRR 21 (European Court of Human Rights; Article 1 of Protocol No 1)
  • Hashman and Harrup v UK 30 EHRR 241 (European Court of Human Rights)

Publications

  • References to the European Court (2nd ed, Sweet & Maxwell), Co-author with David Anderson QC.
  • Sports Law (Hart Publishing), Co-author with Michael Beloff QC and Tim Kerr QC (2nd ed, October 2012)
  • Contributor to Judicial Review, Principles and Procedure (OUP, 2013)
  • Contributor to Competition Litigation (OUP)
  • Numerous articles in legal journals
  • Member of the Editorial Boards of World Competition (Kluwer) and International Sports Law Review (Sweet and Maxwell).

Qualifications

BA, BCL (1st Class) (Oxon)

Directory Quotes

  • "She's jolly good and does a lot of telecoms work." "A very able advocate." (Chambers & Partners 2017)
  • "Very responsive and very approachable, she is quick to get to grips with the complex facts of a case and gives very clear and pragmatic advice." (Chambers & Partners 2017)
  • "She's gently persuasive and one of the most charming advocates on the stage." "She has a wonderfully conversational advocacy style which anyone can follow." (Chambers & Partners 2017)
  • "Really strong on her feet. She has real weight and presence in court. She can hold her own against unpleasant and aggressive opponents and is also really good with the client. A pleasure to deal with." "A deep understanding and analytically bright. She is utterly charming and quickly establishes a rapport with both judges and clients." (Chambers & Partners 2017)
  • "She carries immense authority in the field of competition litigation and is well known and respected by competition law practitioners. It is very good to be seen having her fighting on your side." (Chambers & Partners 2017)
  • "A formidable advocate and fantastic strategist." (Legal 500 2016)
  • "Enormously impressive and pitch-perfect in difficult hearings." (Legal 500 2016)
  • "She is effortlessly cool - she doesn't have any nerves or ever get stressed." (Chambers & Partners 2016) 
  • "An extremely personable and client-friendly silk with a stellar reputation for cases which have an EU law aspect." (Chambers & Partners 2016) 
  • "She is outstanding at making the complex simple and really cutting through to the key issues." (Chambers & Partners 2016) 
  • "She is hugely clever and a very logical thinker who is very easy to work with." "She is very legally astute and knowledgeable, particularly in EU and human rights law, where she adds a lot of value." (Chambers & Partners 2015) 
  • "She is excellent and extremely easy to work with. She is very approachable, and pragmatic in coming to a solution that will make everybody happy." "Very easy-going and relaxed, but also very efficient in the way she goes about her work, and very sharp when it comes to European law." (Chambers & Partners 2015)
  • "Absolutely outstanding." "She is very easy to work with and very responsive." (Chambers & Partners 2015)
  • “Earns praise from clients for her proactive approach to client service. She is particularly appreciated for her ability to explain complex issues in a concise yet effective manner.” (Chambers & Partners 2015) 
  • "I found her EU legal expertise to be second to none." "She was extraordinarily impressive and responsive. She has a high degree of commitment and flexibility, meaning she is ready to comply with tight deadlines." (Chambers & Partners 2015) 
  • "She's smart and user-friendly, and performs well on telecoms competition matters." (Chambers & Partners 2015) 
  • "Fiercely bright and strategic." (The Legal 500 2014)
  • "Instructing solicitors are gushing in their praise of Marie Demetriou. Fantastically bright, and a pleasure to work with," she offers "sound, pithy advice, is a team player and is someone clients trust and like." (Chambers UK 2012)
  • "Marie Demetriou is "a highly intellectual barrister who is the most pragmatic of performers." Solicitors favour her as "she takes absolutely everything into account in a case," and approaches matters in a "persuasive, measured and calm" manner. (Chambers UK 2012)
  • "Marie Demetriou is ‘an iron fist in a velvet glove'" (Legal 500 2011)
  • "Marie Demetriou gives ‘clear and concise practical advice'" (Legal 500 2011)
  • "a great force to have on your side for all public and EU matters" (Chambers & Partners 2011)
  • "untiring" and "terribly bright and ever so good to work with" and has "notable experience of acting for central government, corporations and individuals in high-profile judicial review challenges" (Chambers & Partners 2011, Administrative & Public Law,)
  • "absolutely fantastic", "superb drafting", "very good insight" (Legal 500 2010, EU and competition)
  • "bright, quickly grasps complex issues and is generally a pleasure to work with" (Chambers & Partners 2010, Competition/European Law)
  • "Clients consider her one of the fastest-rising juniors at the Bar, viewing her as someone who ‘fights hard for clients, often against the toughest of odds'" (Chambers & Partners 2010, Telecommunications)
  • "impeccable intellect and extremely charming demeanour."; "professional manner and magnificent understanding of Competition and EU law,"; "she knows intimately how the European court functions, which is always a plus" (Chambers & Partners, 2009)
  • "displays excellence due to her superb knowledge of the European courts" (Chambers & Partners, 2009)
  • remarked upon for her flexibility and superlative grasp of competition and general European law issues (Chambers & Partners, 2008)

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