Sarah Lee’s EU/Competition CV

Degree

First Class Honours in Jurisprudence Finals, BCL, Oxford

Practice Profile

Sarah Lee is currently instructed by BT in relation to challenges to Ofcom's regulatory decisions which are continuing before the Competition Appeal Tribunal and the Competition Commission. She has also acted in and advised on a number of competition law cases, including challenges to Commission decisions before the CFI, damages actions for breaches of competition law brought in the High Court, and challenges in the Competition Appeal Tribunal to Competition Act 1998 decisions by Ofcom.

Sarah Lee has extensive experience in cases with an EU element, both before domestic and European Courts. Subject matters include pharmaceutical regulation, measures taken against terrorist organisations, freedom of movement/services and internal market, structural funds and aspects of procedural law.

Sarah Lee has been on the Government's Treasury A Panel since 2007 and was a B Panel member prior to that. Her clients include public and private companies and government bodies.

Important Cases

EU Law

  • C-455/06 Danske Slagtiere (limitation)
  • C-158/07 Forster (study grant, free movement)
  • C-491/07 Turansky (pending, criminal prosecution, ne bis in idem)
  • C-438/05 Viking (internal market)
  • C-372/04 Watts (healthcare, freedom to provide services)
  • C-466/04 Herrera (healthcare, freedom to provide services)
  • C-46/03 MST II (structural funds, decommitment of grant)
  • C-175/06 Tedesco (judicial assistance)
  • C-143/06 Ludwigs-Apotheke (free movement)
  • C-414/06 Lidl and Stahlwerks Ergste (taxation)
  • T-246/08, T-332/08, T-390/08 Bank Melli (pending, interim relief, freezing of funds)
  • T-256/07 OMPI III (measures to combat terrorism)
  • T-229/02 PKK (measures to combat terrorism) Mabanaft v Secretary of State for Trade and Industry (Oil stocking, EC Directive)
  • Federation of Tour Operators v HM Treasury (taxation, freedom to provide services, Article 1 Protocol 1)
  • Watts v Secretary of State for Health (healthcare, freedom to provide services)
  • Merck Sharpe Dohme (pharmaceutical regulation)
  • R -v- Secretary of State for Health, ex parte Generics (UK) Ltd (pharmaceuticals, interim relief)
  • Junttan Oy v Bristol Magistrates Court (health and safety, EC Directive)

Competition Law

  • World Wildlife Fund for Nature v World Wrestling Federation Entertainment (breach of settlement agreement, restitution)
  • Texaco v Heerema, McDermott (cartel case, damages claim)
  • Secretary of State for Health v Norton Healthcare (cartel case) BT v Ofcom and H3G v Ofcom (mobile call termination appeals, significant market power)
  • Betws v DSK (state aid damages claim)
  • Westleigh Motors (motor vehicle distribution)
  • Arkin v Borchard Lines (liner conferences, Articles 81 and 82)
  • BT v Ofcom and H3G v Ofcom (mobile call termination appeals, significant market power)
  • BT v Ofcom (carrier pre-selection and wholesale line rental appeals)
  • Freeserve/Wanadoo v Ofcom (broadband pricing, Article 82)
  • T-66/01 ICI Soda Ash II (pending, Article 82)
  • ICC arbitrations - involved in a number of confidential commercial arbitrations raising competition law and telecommunications law issues.
  • OFT schools investigation

Publications

Chapter on Commercial Agents for Practitioners' Handbook of EC Law (Trenton Publishing, 1988)

Chapter on Article 86 EC for Vaughan and Robertson's Encyclopaedia of EU Law (Loose leaf , Richmond Law and Tax, published c. 2006)