John Milligan

Full Profile

This comprises:

• EU and UK competition law - merger and joint venture clearances, self-assessment rules relating to anti-competitive agreements, cartel investigations, dominant companies, market investigations, state aid rules and compliance programmes. He has substantial expertise in competition law and has advised leading clients in a large number of industries, representing them before competition authorities within the EU and EU based systems internationally and in competition follow-on damages claims in national courts
• Public procurement (acting for utilities, local authorities and tenderers), commercial agency, distribution and other EU regulatory matters

He has regular dealings with the European Commission,  Court of Justice and the Competition & Markets Authority.

John studied law at Queen’s University Belfast and completed a Master’s degree in European law at the Free University of Brussels. He is author of European Union Competition Law in the Airline Industry (Kluwer 2017), the UK competition sections in the Encyclopedia of International Distribution Law (Kluwer looseleaf) and wrote a chapter on competition law for Law and Business in the European Single Market (Law Journal Seminars Press 1993).  He is published in journals such as European Competition Law Review, European State Aid Law Quarterly and Insurance Day.

He has spoken at seminars organised by the IBA, IQPC (energy), EFLA (food law) and within the London insurance market.

Experience

Advisory and transactional

• Advising leading insurer and Lloyd’s on competition assessment of restrictions in binding authority
• Advising oil companies on joint production and distribution arrangements and establishing JV
• Advising leading global consumer electronics company on distribution agreements across EU
• Advising US cosmetics manufacturer on distribution practices including online sales in the EU
• Advising Asian conglomerate on acquisition of major UK retailer
• Advice on EU motor vehicles block exemption in relation to Nissan dealerships
• Advising dominant airline on travel agent rebate scheme
• Advising Lloyd’s committees on EU competition issues (cargo war and terror, hull insurance)
• Advising EU and non-EU airline on merger/alliance
• Establishing and advising trade associations on competition compliance
• Merger clearances include: Cinven/ PGHL, ED&F Man/Safic Alcan, ED&F Man/Theobroma, IAG/BMI (client purchasing part of BMI), Towers Watson/Emblem, QBE/Minibus Plus, Hachette Livre SA/Hodder Headline, Glencore/Pacorini, Canopius/Omega

Damages and EU court actions

• UK Consumers’ Association v JJB Sports (first and to date only representative action damages recovery under Competition Act 1998)
• Substantial damages recovery under Competition Act 1998 (following OFT decision – Construction Recruitment Forum)
• First UK damages recovery under the EU Public Procurement Remedies Directive (Mouchel v Westminster City Council)
• Representing airlines involved in Airfreight cartel follow-on damages case before High Court (ongoing, based on European Commission Decision Airfreight 2009)
• Successful challenge to EC Decision before European Court of Justice (Bowland v Commission)
• Successful challenge before UK court of appeal to UK failure to implement EU ban on export of British beef
• Advice to a 'Big 5 Tech company' on anti-dumping regulations in relation to a refusal to licence to operate in a given jurisdiction
• Advice to an international trade association operating in the metal sector in respect of an export ban
• Advice to an interested party on the EU anti-dumping investigation into Chinese steel being exported to the EU market

Investigations

• EU based insurers during EU Commission business insurance sector inquiry
• EU dominant distributor of visual technology products investigated by OFT under EU/UK competition rules
• Air New Zealand (and other bodies) during EU Commission airfreight cartel investigation
• EU based oil construction services provider during US cartel investigation
• P&I clubs investigation by EU Commission