Robert O'Donoghue's Full CV

Qualifications

LL.B, LL.M (First Class Honours)

Scholarships/Awards

  • Bar Council Scholarship to the European Commission (1998)
  • Hubert Greenland Major Scholarship (Lincoln's Inn) (1996)
  • Entrance Scholarship, Carmelite College (1986)
  • Outstanding EU Competition Lawyer Fellowship Award, Global Competition Law Centre, College of Europe (2003)
  • Listed in Who's Who of Competition Lawyers 2011 and 2012 (sole junior barrister listed in 2011)

Practice Profile

Robert O'Donoghue has extensive experience of all aspects of EU and Competition Law. He has appeared in numerous cases in the UK courts (both general and specialist), as well as the CFI and ECJ. His EU and Competition Law practice includes advisory work on European and UK competition rules and he has particular experience proceedings before the European Commission and the Office of Fair Trading, including cartels (follow-on damages actions), mergers, and abuse of dominance proceedings. He has a particular interest in utility regulation (telecoms, energy, water) under both EU and UK laws. His practice also includes extensive experience in EU law matters more generally, including free movement cases, commercial agency, public procurement, intellectual property, conflict of laws, pharmaceutical regulation, and state aid. Clients include public and private companies, trade associations, and government departments and agencies.

Robert O'Donoghue has published, spoken, and taught extensively on EU and competition laws in leading universities and international conferences. In 2011 he was not only listed in but also the youngest nominee and only practising barrister to feature in the GCR Report on 'Who's Who of Competition Lawyers & Economists 2011'.  He spent 10 years working in Brussels between 1997-2007 for Brick Court Chambers, DG Competition, and Cleary Gottlieb LLP.

Competition Law

Robert O'Donoghue has acted in a number of leading cases in the English and European Courts involving claims under European and UK competition law, as well as regulatory matters. These include:

  • Asda and others v Office of Fair Trading [2011] CAT 41 (acted for Asda in successful appeal against OFT decision in Tobacco)
  • BT & T-Mobile v OFCOM [2011] CAT 24 (acted for TELEFONICA O2 in appeal before CAT in relation to 080 termination charges and pending appeal to Court of Appeal)
  • Nokia v AU Optonics and others (acting for Samsung in follow-on damages action in alleged cartel case) (Chancery Division)
  • Tom Tom v AU Optonics and others (acting for Samsung in follow-on damages action in alleged cartel case) (Chancery Division)
  • EWRG and CEF v Recolight and others (acting for claimant in major claim involving environmental law and competition law)
  • British Airways v European Commission (acting for British Airways in appeal against €104 million fine in General Court)
  • Emerald Supplies Ltd & Anor v British Airways Plc [2011] 2 WLR 203 (CA); [2009] 3 WLR 1200 (ChD) (test case on scope for competition law class actions in civil litigation in England & Wales)
  • Emerald Supplies Limited and others v British Airways (follow-on action in alleged cartel case)
  • Plus Markets plc v London Stock Exchange plc (High Court) (breach of competition law and equities trading rules)
  • Idealing v London Stock Exchange (breach of contract and abuse of dominance in information services)
  • Sel-Imperial Limited v British Standards Institution (standards and breach of competition law)
  • Eircom v Commission for Communication Regulation (bundling as a breach of regulatory obligations), Eircom v Commission for Communication Regulation (pricing of Line Share access)
  • Tesco v Competition Commission [2009] CAT 6 (acted for Marks & Spencer in appeal against Competition Commission market investigation)
  • T-Mobile v Ofcom (appeal against donor conveyance charge decision by Ofcom) (CAT)
  • European Climate Exchange Limited v LCH.Clearnet Limited (High Court) (abuse of dominance in clearing facilities) (Chancery Division)
  • Case C-95/04 P British Airways Plc v. Commission & Virgin (rebate practices) (ECJ)
  • Case T-15/02 BASF AG v Commission (secured €60 million fine reduction for BASF in cartel case) (CFI)
  • Case T-184/01 R, IMS Health Inc. v. Commission, [2001] ECR II-3193 (compulsory licensing of IP rights under EU law) (CFI)
  • Case C-481/01 P(R), NDC Health Corp. & NDC Health GmbH & Co. KG v. IMS Health Inc, [2002] 5 CMLR 1 (conditions for grant of interim measures against Commission decisions) (CFI)

Robert O'Donoghue has brought and defended complaints before, and advised those under investigation by the European Commission, the Competition Commission, the Office of Fair Trading, and specialist regulators, as well as various merger and other notifications, including:

  • Microsoft and others/Google (acting for Google in connection with complaint before EU Commission) (abuse of dominance)
  • Ticketmaster/LiveNation (merger)
  • CASE M.5650 T-Mobile/Orange (merger)
  • Case COMP/39.416 Ship Classification (cartel)
  • Case COMP/39.258 Airfreight (cartel)
  • Case COMP/38.432 Professional Videotapes (cartel)
  • Case ME/3787/08 Chiral Technologies Europe SAS/Chromtech Limited (De Minimis mergers)
  • British Telecom/Wanadoo (price squeeze)(Ofcom)
  • Portugal Telecom/Sonaecom (price squeeze, refusal to supply)
  • M.1512 DUPONT/PIONEER (merger)
  • M.1363 DUPONT/HERBETS (merger)
  • M.2946 IBM/PWC CONSULTING (merger)
  • M.1847 GM/SAAB (merger)
  • M.2452 BELGACOM / BAS HOLDING / SECURITAS (merger)
  • M.2546 EADS / NORTEL (merger)
  • M.4297 NOKIA/SIEMENS (merger)
  • M.1383 EXXON/MOBIL (Phase II) (merger)
  • M.1940 FRAMATOME/SIEMENS/COGEMA (Phase II) (merger)

Extensive competition law advisory work on every aspect of the European and UK competition rules, particularly in proceedings before the European 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

Robert O'Donoghue has acted in a number of leading EU law cases before both the European and English courts. Cases include, in addition to those listed under other headings:

  • Montpellier Estates v Leeds City Council [2010] 132 Con LR 129 (public procurement)
  • The British Airline Pilots Association -v- British Airways Plc (Freedom of establishment and trade union activities (Viking))
  • Plus Markets plc v London Stock Exchange plc (High Court) (Freedom of establishment/services and MiFID Directive)
  • Case C-381/98, Ingmar GB Ltd and Eaton Leonard Technologies Inc. [2000] ECR I-9305 (status of Commercial Agency Regulations as ordre public under Rome Convention I)
  • U. v W. (Attorney-General Intervening) [1998] Fam 29 (High Court) (Freedom to receive fertility services under EU law)

Advised on cases covering many aspects of European law, for clients including public and private companies, government departments, sectoral regulators.

What the Directories Say

  • Robert O'Donoghue "has all the qualities one looks for in a barrister" in that he has a "quick turnaround," comes up with "very bright and creative solutions" and has "good presence in court." He is a renowned expert on competition law, in particular on the abuse of dominant positions." (Chambers UK 2012)
  • "has carved out a solid reputation as a star junior barrister" (Global Competition Review barristers survey 2011)
  • "The ‘highly intelligent', ‘user-friendly' Robert O'Donoghue consistently impresses with his European experience." (Legal 500 2010, EU and competition)
  • "provides high-quality advice, promptly and at a fair cost"  (Legal 500, 2009)

  • "will be the star of the competition Bar in London in years to come" (Legal 500, 2008)

 

Publications and Articles

Books

The Law and Economics of Article 82 EC, co-authored book with A. Jorge Padilla, Hart Publishing (2006) (cited with approval before the High Court, Irish Supreme Court, European Court of Justice, and US Supreme Court). Reviews:

  • "This is a truly outstanding book..." Common Market Law Review, Vol 44. No 4
  • "[A] seminal guide for all those interested in Art.82 EC" The Journal of Business Law March 2007
  • "This scholarly, practical and very substantial work is warmly welcome" Valentine Korah, World Competition Law and Economics Review June 2007
  • "[A] first-rate piece of work that will be highly influential in the years ahead and that will be gratefully referred to by everyone interested in this fascinating but difficult topic. It is very highly recommended" Richard Whish, Competition Policy International Journal, Autumn 2006, Vol. 2, No. 2

"Verbalising a test for exclusionary conduct" Chapter in CD Ehlermann & M. Marquis eds, "A reformed approach to Article 82 EC," Hart Publishing (2008)

"Dealing with Viking & Laval:  from theory to practice," Cambridge Yearbook of European Legal Studies (2008-2009), Vol 11

"Over-Regulating Lower Prices: Time For a Rethink on Pricing Abuses Under Article 82 EC" Chapter in CD Ehlermann & I. Atanasiu eds,"What is an abuse of a dominant position?," Hart Publishing (2006)

"The Treatment of Loyalty and Target Rebate Practices Under Article 82 EC," Chapter in the Finnish Yearbook of EU law (2004)

Legal Journals

Senior Edirtor (2008), Global Competition Policy

Teaching engagements

  •  Applying Viking in practice: the view from the Bar, University of Cambridge, 5 November 2008
  • IP rights & competition law, University of Oxford, Centre for Competition Law & Policy, February 18, 2005
  • Future Trends in European Antitrust Law, Including Decentralisation, EC Competition Law Summer School, organized by IBC UK Conferences, Downing College, Cambridge, August 15, 2003
  • Modernization of EC Competition Law, lecture given at Cornell Law School Summer Program, Université de Paris II (Sorbonne), July 2003
  • International Legal Cooperation (LL.M) Program, VUB-ULB (Brussels University), 2003 & 2004
  • Application and Evolution of EC Merger Control, lecture to Executive Management & Leadership Program, University of Cambridge, April 25, 2003
  • Essential Facilities and IP Rights, lecture given at Cornell Law School Summer Program, Université de Paris II (Sorbonne), July 2002