People

Mark Brealey QC

Year of Call: 1984 Silk: 2002

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

Mark Brealey QC

Year of Call: 1984 Silk: 2002

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

Expertise

“He ‘brings to the conduct of any case an intellectual originality that combines market-leading legal expertise with flair’”
- Chambers & Partners 2013

“easy to work with and enormously impressive”
- The Legal 500 2012

overview

Mark Brealey QC specialises in EU and Competition Law. He regularly appears before the Courts of England and Wales, before the Competition Appeal Tribunal and before the Court of Justice of the European Communities. He also appears at oral hearings before the competition and regulatory authorities.

Appeared in first two Competition Act cases to reach Supreme Court: BCL Old v BASF [2012] UKSC 45: Deutsche Bahn v Morgan Crucible [2014] UKSC 24: Enron Coal Services [2011] EWCA Civ 2 in the Court of Appeal (follow on claim for damages); Case C-457/10P AstraZeneca v Commission: judgment 6.12.12 in the European Court of Justice (regulatory abuse of dominant position) Case T-251/12 Freight Forwarding v Commission in the General Court (price fixing cartel); Imperial Tobacco v OFT [2011] CAT 41 in the CAT (vertical price restraints); Hays v OFT in the CAT [2011] CAT 29 (recruitment consultant cartel; reduction of penalty); Kier v OFT in the CAT [2011] CAT 33 (construction cartel: reduction of penalty).

He is editor of "Competition litigation: UK Practice and Procedure" Oxford 2010.

practice areas

EU/Competition

Mark Brealey QC specialises in European Community Law and Competition Law. Many of the cases referred to are listed at the end with full citations.

Competition Law

Regularly litigates competition issues before the Competition Appeals Tribunal (CAT), the Court of First Instance (CFI), the Court of Justice and the English Courts (High Court, Court of Appeal and House of Lords).

Courts and Tribunals in England and Wales: has appeared in numerous trials/judicial reviews/appeals involving competition law. Cases have involved seminal points of law, including: first award of damages for breach of the Competition Act (counsel for Claimant in Healthcare-at-Home v Genzym): no exemplary or restitutionary damages (counsel for Defendant in Devenish Nutrition v Sonofi-Aventis): limitation period for damages claims in the CAT (BCL Old Co v BASF); jurisdiction of the CAT to determine damages claims (English Welsh & Scottish Railway v Enron); meaning of void (Passmore v Morland); test for severance (Inntrepreneur v Byrne), enforcement of settlement agreement (counsel for claimant in WWF- World Wide Fund For Nature v World Wrestling Federation).

Court of Justice and Court of First Instance: important cases include Case C-453/99 Courage v Crehan (Counsel for claimant establishing right to claim damages for breach of EC competition law), Case T-321/05 AstraZeneca v Commission (patent abuse): Case T-156/98 RJB (successful challenge to EC Commission clearance of the German coal merger): Case T-25/95 Cement cartel

Regulatory authorities. has appeared in numerous oral hearings before the competition authorities: e.g. OFT price fixing investigations in Football Shirts: Toys, tobacco, supermarkets:. Acted for GE Finance in the Competition Commission's first market investigation under Part 4 of the Enterprise Act 202 - Store Cards.

State aid

Has been involved in several challenges to state aid. Appeared in the Administrative Court in BT3G v Sec. of State for Trade (auction of 3G licences), in R v C&E ex parte Eurotunnel (booze cruises and excise duty): in Betws v DSK where the Commercial Court determined a Claim by Betws for damages for misuse of state aid. He acted for RJB and UK Coal in several cases before the CFI (e.g. Cases T-110/98: Cases T-12 & 63/99).

Transport

Advises on EU aspects of air, maritime and road transport. Acted for easyJet against BA in easyJet v BA (concerning the latter's alleged subsidy of Go airlines) and for BA in R V Airport Co-ordination ex parte Guernsey (a challenge by the States of Guernsey to the allocation of slots at Heathrow). Acted for IATA in Case C- 344/04 (compensation for delay).

Regulated markets

Advises on EU aspects of telecommunications, broadcasting, and postal services. Extensive experience in the application of the EU procurement directives: reported procurement cases include Keymed v Forest Healthcare (damages for breach of the supply Regs), Matra v Home Office (time limits), Seven Trent v Dwr Cymru (outsourcing and Utilities Regs).

Free movement

Advises on all aspects of free movement: e.g. trade mark infringement and parallel imports: in Case C-143/00 Boehringer/Dowelhurst: gambling services: acted against the UK Government in Case C-275/92 Schindler and for the UK Government in Case C-124/97 Laara: excise duty and importation of tobacco products for Imperial Tobacco in R v C&E ex parte Emu Tabac: importation of agricultural products for the NFU in Pesticide Directorate v Crop Protection Association): licensing of pharmaceutical drugs: e.g. R v Licensing Authority ex parte Monsanto: Case C-527/07 Generics (for Generics): Case T-321/05 AstraZeneca (for AstraZeneca).

Important cases include

  • National Grid v Siemens and others: [2009] EWHC 1326
  • English Wells & Scottish Railway v Enron [2009] EWCA Civ 647
  • Case C-403/08 QC Leisure
  • Case T-321/05 AstraZeneca v Commission
  • Case C-527/07 Generics 18 June 2009
  • BCL v BASF (CAT) [2009] EWCA Civ 434
  • Case C-438/05 Viking Line 11 December 2007 on reference from CA.
  • Devenish v Sanofi- Aventis [2008] EWCA Civ on appeal from [2008] 2 WLR 637
  • WWF-World Wide Fund For Nature v World Wrestling Federation [2007] EWCA Civ 286
  • Healthcare at Home v Genzym [2007] Competition AR 474
  • Argos v OFT (CA) ([2006] UKCLR 1135
  • Unipart v O2 (CA), 30 July 2004
  • Courage v Crehan (CA), Times Law Reports 28 May 2004 (ECJ ruling in Case C- 453/99, Times law Reports 4 October 2001 on reference from CA, Times Law Reports 14 June 1999: House of Lords June 2006)
  • Betws Anthracire v DSK (Morison J), [2004] 1 ALL ER 1237
  • R on application of T-Mobile, Vodafone & Orange v Competition Commission & OFTEL (Moses J), [2003] EuLR 769
  • Arsenal F.C. v Reed (CA), Times Law Reports 22 May 2003: [2003] 2 All ER 800
  • Case C-253/00 Munoz (ECJ), [2003] Ch 328
  • Getmapping v Ordnance Survey (Laddie J), Times Law Reports 25 June 2002
  • Case C-143/00 Boehringer v Swingward (ECJ), Times Law Reports 23 May 2002
  • Secretary of State For the Environment (acting by the Pesticides Directorate) v Crop Protection Association (CA), [2002] 1 CMLR 178
  • Consignia v Hays (Jacob J), Times Law Reports 24 January 2002
  • World Wild Fund for Nature v World Wrestling Federation (CA), Times Law Reports 14 March 2002
  • R (on the application of BT 3G and others) v Secretary of State For Trade and Industry (CA), [2001] 3 CMLR 1588
  • Cases T-12 & 63/99 UK Coal v Commission (CFI), [2001] 3 CMLR 332
  • Case T- 156/98 RJB Mining v EC Commission (CFI), [2001] 3 CMLR 308
  • Synstar Computer Service (UK) Ltd v ICL (Lightman J), Times Law Reports 1 May 2001: [2002] ICR 112
  • Dysan Magnetics v Customs & Excise (VAT and Duties Tribunal), [2001] EuLR 105
  • easyJet v BA (Tuckey J), [1998] EuLR 350
  • Severn Trent Plc v Dwr Cymru (Welsh Water) (Langley J), [2001] EuLR 136
  • Case T- 25/95 Cement Cartel (CFI), [2000] ECR II- 491
  • Glaxo Group Ltd v Dowelhurst (No 2) (Laddie J), Times Law Reports 14 March 2000: [2000] FSR 529:
  • Glaxo Group Ltd v Dowelhurst (No 1) (Laddie J), [2000] FSR 371
  • Plummer v Tibsco (Neuberger J), Times Law Reports 1 December 1999
  • Case C-124/97 Laara (ECJ), Times Law Reports 20 October 1999: [1999] ECR II- 6067
  • Case T-110/98 RJB Mining v Commission (CFI), [1999] 3 CMLR 445
  • Inntrepreneur v Byrne (CA), Times Law Reports 14 June 1999
  • Matra Communications S.A.S. v Home Office (CA), Times Law Reports 8 March 1999: [1999] 1 WLR 1646
  • Passmore v Morland (CA), Times Law Reports 11 February 1999: [1999] 3 All ER 1005
  • R v Airport Co-ordination ex parte Guernsey (Maurice Kay J), [1999] EuLR 745
  • Case C-296/95 R v C&E ex parte Emu Tabac (ECJ), [1998] ECR I-1605 (on reference from CA, Times Law Reports 10 August 1995)
  • Keymed v Forest Healthcare (Langley J), [1998] EuLR 71
  • R v SS Health ex parte Scherer (Judge J), [1998] EuLR 1
  • Scotch Whisky Assoc v Glen Kella (Rattee J),Times Law Reports 27 December 1996
  • R v Licensing Authority ex parte Monsanto (Keene J), [1997] EuLR 42
  • Case C-18/94 Hopkins (ECJ), [1996] ECR I- 2281
  • R v MAFF ex parte Clere Hall Farm (Tucker J), Times Law Reports 16 June 1995: [1995] 3 CMLR 125
  • R v C&E ex parte Eurotunnel (Tucker J), The Independent 23 February 1995
  • R v MAFF ex parte NFU (Macpherson J), [1995] 3 CMLR 116
  • R v National Heritage ex parte Getty Trust (CA), 27 October 1994
  • Case C-275/92 Schindler (ECJ), Times Law Reports 30 March 1994: [1994] ECR 1039

Qualifications

LLB, LLM, DEA (France)

Directory Quotes

  • "He "brings to the conduct of any case an intellectual originality that combines market-leading legal expertise with flair,"" (Chambers & Partners 2013)
  • "easy to work with and enormously impressive" (Legal 500 2012)
  • "Another standout silk at the set is Mark Brealey QC. He attracts strong praise from sources for his "pragmatic and commercial" approach and for the fact that he is "collegiate in his approach and a very good team player."" (Chambers & Partners 2012)
  • "Mark Brealey QC ‘leads in competition law damages claims' and ‘demonstrates an intelligent and balanced approach that attracts both judges and clients'" (Legal 500 2011)
  • "Mark Brealey QC impresses as one of the most popular barristers for both competition and EU law. "His reputation as a superbly clear and concise advocate is richly deserved," sources say." (Chambers & Partners 2011)
  • "A leading figure in follow-on damages cases, Mark Brealey QC has had ‘a number of recent successes'" (Legal 500 2010)
  • "Mark Brealey QC is "a subtle advocate who commands the respect of the court."" (Chambers & Partners 2010)
  • "The 'formidably intellectual, imaginative and compelling" advocate Mark Brealey QC'" (Chambers & Partners 2010)
  • "Mark Brealey QC offers ‘lateral thinking'" (Legal 500 2009)

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