Next Generation Lawyers

EU and competition in Scotland

Brodies LLP

With a team that ‘possesses an excellent combination of knowledge and experience’, which enables it to ‘comprehend issues from the client’s perspective and offer practical advice’, Brodies LLP continues to cover the entire spectrum of EU and competition law matters, with an increasing cross-border scope in instructions from multinational corporates and regional and international authorities and agencies. In particular, the group excels at subsidy control mandates, advising on the development of internal policies, the application of legislation, and procurement issues, where it handles a range of contentious and non-contentious instructions. The ‘efficient, knowledgeable and proactive’ team head Charles Livingstone is highly reputed for his varied practice that is particularly specialised in compliance and breach investigations. As a go-to in the practice for disputes work, Christine O’Neill also handles a high-volume of procurement matters and is often supported by senior associate Jamie Dunne, while Robert Ross is recommended for his expertise in the public and transport sectors. Roger Cotton retired in 2023.

Responsables de la pratique:

Charles Livingstone


Autres avocats clés:

Christine O’Neill; Robert Ross; Jamie Dunne


Les références

‘Brodies really stood out for me because of their impressive expertise, their readiness to assist whenever needed, and their skill in navigating the complexities of public sector tenders. I found their team to be incredibly knowledgeable, responsive, and effective in ensuring successful outcomes. What sets Brodies apart is their innovative approach to collaboration, which I believe enhances their ability to provide tailored solutions and exceptional service compared to other firms.’

‘The team at Brodies have specialist skills and knowledge among them to cover your needs and they are very good at appointing the correct person with the required knowledge to provide you with the best bespoke service. We had an instance that spanned different issues and Brodies ensured the relevant specialist were made available to ensure we got the best advice and there was no exposure to the business.’

‘The team is very knowledgeable and responds quickly in clear language. The team can be relied on to provide advice quickly , within timescales requested.’

Principaux clients

Edrington


Scotrail Trains Limited


Tennent Caledonian Breweries


Caledonian Sleeper Limited


London Universities Purchasing Consortium


AGS Airports Limited


APCOA Parking UK Limited


Calmac Ferries Limited


Falkirk Council as lead authority for Forth Green Freeport


The Scotch Whisky Association


Borderlink Broadband Limited


Stornoway Port Authority


Culture Perth & Kinross


Scottish Enterprise


Highlands & Islands Enterprise


Scottish Futures Trust


Scottish Water Business Stream


Argyll & Bute Council


South Ayrshire Council


Principaux dossiers


  • Advised an individual on issues of Scots law arising in a multi-billion-pound class action against Mastercard in the Competition Appeal Tribunal.
  • Supported ScotRail and Caledonian Sleeper with public procurement issues arising from the franchises moving into public sector ownership, including helping to develop internal procurement processes and procedures.
  • Advised Scottish Futures Trust on the development of its internal subsidy control policies and procedures.

Dentons

The ‘highly knowledgeable and pragmatic’ team at Dentons regularly acts on contentious and non-contentious mandates for clients spread across a wide array of sectors that includes the energy, retail, manufacturing, transport and financial services arenas, as well as advising a host of UK government and public bodies. The firm is routinely involved in merger control and foreign direct investment mandates, dawn raid compliance issues, subsidy control measures, and public procurement instructions, possessing the ability to leverages the firm's cross-border network. Michael Dean heads up the practice and is a key figure in the team for contentious work, often handling claims of anti-competitive conduct in the Competition Appeal Tribunal. Promoted to partner in May 2023, Melanie Martin is a ‘stand-out’ practitioner ‘with in-depth knowledge and expertise’, especially regarding EU legislation, while Carolyn Burns, who was promoted to partner in May 2024, assists energy and infrastructure clients in both the public and private sector with compliance and regulatory concerns. Viktoria Tsvetanova has been a strong supporting presence on a number of matters, and Catriona Munro has transitioned to a consultant role within the firm.

Responsables de la pratique:

Michael Dean


Autres avocats clés:

Melanie Martin; Carolyn Burns; Viktoria Tsvetanova; Catriona Munro


Les références

‘The team is highly knowledgeable and applies its expertise in a pragmatic and timely manner.’

‘Melanie Martin is a stand-out partner with in depth knowledge and expertise. She is very user friendly and proactive each time we deal with her.’

‘Michael Dean deserves praise for the research which he does on our industry and for providing advice which is perfectly tailored to us. His calm and logical approach helps us to get to the crux of complex issues.’

Principaux clients

Daimler AG


Stagecoach Group


The Edrington Group Limited


UK Government (Foreign, Commonwealth and Development Office; Department of Business, Energy and Industrial Strategy; Department for Education)


Scottish National Investment Bank


Civil Aviation Authority


Sainsbury’s


Nynas AB


National House-Building Council


Tricon Energy


Dye & Durham


The Compass Group PLC


Alexander Dennis Limited


Principaux dossiers


  • Advising the Department for Energy Security and Net Zero (DESNZ) in relation to interventions in the energy market to support customers with the costs of energy, formation of the future system operator and reform of industry code governance.
  • Advising the Acorn Project, which is a significant project for the decarbonisation of the Scottish economy and was selected for Track 2 of the UK Government’s competition in July 2023.
  • Advising in relation to the CAA’s price control decision for Heathrow Airport including the successful defence of that decision in an appeal to the Competition and Markets Authority by Heathrow Airport Limited and three airlines.

Burness Paull LLP

Burness Paull LLP is active on the full range of EU and competition matters, fielding a client list of leading international names in the tech, food and drink, energy and transport sectors, as well as providing advice to a number of public bodies. The firm has particular expertise in public procurement and subsidy control matters, handling both contentious and non-contentious issues. Graeme Palmer heads up the team and is ‘an excellent lawyer who has a wealth of knowledge in public procurement and competition law’. Colin Miller is noted for the breadth of his practice and has also advised a number of clients on investigations from the Competition and Markets Authority and the European Commission. Ruth McNaught and Jamie Dickson are also recommended.

Responsables de la pratique:

Colin Miller; Graeme Palmer


Autres avocats clés:

Ruth McNaught; Jamie Dickson


Les références

‘Our main point of contact was Graeme Palmer. Graeme is an excellent lawyer who has a wealth of knowledge in public procurement and competition law. He is also a very good communicator with an approachable and likeable manner. A special mention should also be made for Solicitor Jamie Dickson. Jamie worked closely with Graeme and was very good at keeping us up to date with progress. He has a good manner and a sound understanding of public procurement – he has a bright future in this area of law.’

‘Graeme Palmer – responsive, approachable and always keen to cover all possible angles.’

‘The team has strong knowledge in the field of EU and UK competition. They clearly have their finger on the pulse relating to new developments, and are always mindful of our particular client needs.’

Principaux clients

Tesla Inc


Highland Spring


Kellas Midstream Limited


Calmac Ferries


Macfarlan Smith


Shin-Etzu Handatoi Europe Limited


HIE Sumitomo


Broker Insights


The Association of Scotland’s Self Caterers


Gleaner


Principaux dossiers


  • Advised The Association of Scotland’s Self Caterers in connection with the recent policy adopted by the City of Edinburgh Council regarding the provision of self catering and holiday lets in Edinburgh, which makes it a requirement to have a licence to provide such services.
  • Instructed by a former employee of a major UK airport regarding a potential investigation into alleged exchanges of commercially sensitive information on future airport charges between UK competitor airports.
  • Advised Highlands and Islands Enterprise on possible compliant routes for the award of a grant of £24.5m in favour of Sumitomo Electric Industries, a major international company listed on the Tokyo stock exchange, for the establishment of a factory for manufacturing and supplying high voltage direct current and alternating current (HVDC/HVAC) cables in Pitcalzean, Easter Ross.

CMS

As a ‘powerful’ firm with a ‘strong base of intelligent experience’, CMS is frequently called upon by a range of multinational corporations and global brands for advice regarding sensitive competition law issues that include CMA investigations, merger control work, NSI concerns, and subsidy control matters. Group lead Graeme Young‘s reputation in this space sees him instructed by a wealth of clients across the UK, which benefit from his ‘practical approach to help resolve issues’ and his ‘in-depth knowledge and experience’ of both domestic and EU law. Wendy Nicolson is notably regarded for her public procurement expertise, and often works alongside Emma Blundell.

Responsables de la pratique:

Graeme Young


Autres avocats clés:

Wendy Nicholson; Emma Blundell


Les références

‘The powerful feature of CMS is the capacity to marshal a team with in depth understanding of the business context of the challenges competition issues raise. A strong base of intelligent experience is rare but CMS have it.’

‘Authoritative on complex technical legal matters and able to communicate these concisely and clearly.’

‘The team always provides pragmatic advice and looks for solutions for problems.’

Principaux clients

Leicester City Football Club


NatWest Group Plc


BP Plc


Dye & Durham Corporation


National Grid


NHS Scotland / NSS


NI Water


Scottish Water


South of Scotland Enterprise


Highland and Islands Enterprise


Scottish National Investment Bank


Ringway


University of Glasgow


IQVIA


Scottish Power


MetLife


Gridserve


Dumfries & Galloway Council


Smart DCC


Scottish Futures Trust


Toyota Financial Services


Centrica Plc


Places for People Leisure Management Limited


ISS UK


NeuConnect


Atos UK


University of Sheffield


BAE Systems


Principaux dossiers


  • Acted for Leicester City Football Club on a CMA Competition Act investigation.
  • Acting for Canadian-listed Dye & Durham on the CMA’s merger investigation into its completed acquisition of TM Group.
  • Advising National Grid Ventures on the competition and procurement of its multi-purpose interconnector, Lionlink, to deliver a new electricity link between the UK and the Netherlands.

Shepherd and Wedderburn

With ‘unrivalled expertise in the energy sector’, Shepherd and Wedderburn has a diverse competition law practice that spans subsidy control work, procurements, domestic and European investigations, and transactional issues. While a key name for clients involved in the utilities, renewables and traditional energy sectors, the firm is also a trusted adviser to an array of local Scottish authorities and sports governing bodies, handling competition law concerns. Team lead Gordon Downie ‘has developed a particular emphasis on the role and functioning of markets in regulated sectors in the UK’, and is praised for his ability to handle key issues affecting energy and infrastructure clients. Jamie McRorie joined the team in November 2023 and has substantial regulatory expertise, while John Grady is noted for his ‘first-rate’ energy expertise, and Scott Rodger is a ‘go-to person’ for subsidy control issues.

Responsables de la pratique:

Gordon Downie


Autres avocats clés:

Jamie McRorie; John Grady; Scott Rodger; Natasha Durkin


Les références

‘An excellent team with enormous experience, particularly in the energy sector. ’

‘John Grady is absolutely first rate, with unrivalled expertise in the energy sector.’

‘This is a very strong team both in terms of leadership and depth. They are across the law and very well-resourced.’

Principaux clients

Offshore Renewable Energy Catapult


Water Industry Commission for Scotland


ScottishPower


Scottish National Investment Bank


Energy Transition Zone


Single Electricity Market Committee


East Lothian Council


Loch Duart Salmon


City of Edinburgh Council


Dumfries and Galloway Council


Principaux dossiers


  • Advised Offshore Renewable Energy Catapult on an extensive range of subsidy control matters.
  • Advised Scottish National Investment Bank on subsidy control and National Security and Investment Act matters on a range of investments.
  • Advised the Water Industry Commission for Scotland on competition law and subsidy control compliance regarding its ongoing regulation of the water industry in Scotland.

Anderson Strathern

Anderson Strathern has a ‘strong team’ that possess ‘excellent attention to detail’ and is able to handle a broad range of competition law issues, with experience acting for both public sector bodies and private companies. Competition litigation continues to be a core component of the firm’s work, often acting in cases in the Court of Session, Commercial Court and the Competition Appeal Tribunal. Further areas of strength include providing subsidy control and EU procurement advice. Practice lead Katrina Lumsdaine ‘is very knowledgeable in the field of competition law‘ and has a notable focus on disputes. Douglas McLachlan has a wide breadth of clients which call upon him for EU and UK advice in connection with supply and distribution agreements. Simon Brown is another key name for commercial agreement advice, while Eilidh MacEwan has supported on a number of mandates since arriving from Gilson Gray in March 2023.

Responsables de la pratique:

Katrina Lumsdaine


Autres avocats clés:

Douglas McLachlan; Simon Brown; Eilidh MacEwan; Scott Flannigan


Les références

‘A strong team, with excellent attention to detail. Experience of dealing with public sector clients and issues. They are responsive to queries, and excellent at keeping clients updated with information.’

‘All individuals within the firm who I have encountered are approachable, knowledgeable, and willing to assist. Their commitment to the job and providing high-level service is obvious. Katrina Lumsdaine is very knowledgeable in the field of competition law, and is ably assisted by Scott Flannigan and Eilidh MacEwan who provide excellent professional support and legal advice.’

Principaux clients

Scottish Water


Aberdeenshire Council


Argyll & Bute Council


East Renfrewshire


South Lanarkshire Council


Grahams The Family Dairy Limited


INEOS Chemicals Grangemouth Limited


The Skills Development Scotland Company Limited


Allied Vehicles Limited


John Martin Group Limited


Superfeet Worldwide Inc


The Skills Development Scotland Company Limited


Crown Estate Scotland


Principaux dossiers


  • Pursuing damages on behalf of 22 public bodies in an action arising out of the Truck Cartel.
  • Advising INEOS and Petroineos on strategically important procurement and supply contracts, including competition law issues.
  • Advised Crown Estate Scotland in relation to the competition law aspects of the ScotWind project.

Harper Macleod LLP

Acting for an impressive list of clients that includes Scottish government agencies, public sector bodies, and multinational corporates, Harper Macleod LLP is regularly sought out for its expertise in handling subsidy control and public procurement issues, with an increasing stream of instructions relating to the Subsidy Control Act 2022. The firm also has competition litigation expertise, as well as EU and CMA merger control experience. Donnie Munro oversees the practice, and James McMorrow is the main contact for public sector clients seeking competition law advice, particularly in the context of major infrastructure projects. Jennifer Jack is well regarded for her contentious, and Fiona Killen, who joined the team from Burness Paull LLP in June 2023, adds further experience working with public bodies. Wendy Richardson has also been notably active across a range of matters.

Responsables de la pratique:

Donnie Munro


Autres avocats clés:

James McMorrow; Jennifer Jack; Fiona Killen; Wendy Richardson


Principaux clients

Glasgow City Council


City of Edinburgh Council


Inverclyde Council


Cairngorms National Park Authority


NatureScot


Scottish Fire and Rescue


Forestry and Land Scotland


Orkney Islands Council


Scottish Courts and Tribunal Service


Fife Council


Principaux dossiers


  • Acted for GCC in relation to a part of its project to raise funding in order to fund a significant equal pay settlement agreed by the council with its employees.
  • Advising Inverclyde Council on the Inverkip City Region Deal Project in partnership with Scottish Power/Iberdrola, which includes advising on Subsidy Control Act 2022 compliance.
  • Advising Orkney Islands Council on all aspects of the £200m+ Scapa Deep Water Quay Project.

Morton Fraser MacRoberts

Morton Fraser MacRoberts offers competition law advice to clients across an array of sectors, most notably in the energy, infrastructure, healthcare, and food and drink industries. The firm is well placed to assist with potential competition issues arising from substantial acquisitions, mergers and joint ventures, while also regularly handling subsidy control and public procurement mandates. Leading the practice is Robin Fallas, who excels in the transport sector and acts as a primary contact for companies requiring advice relating to commercial contracts, procurements, and UK and EU law compliance on public sector projects. Valerie Armstrong-Surgenor and David Gourlay are further key contacts for commercial contract advice, and Gwen Murphy focuses on subsidy control mandates.

Responsables de la pratique:

Robin Fallas


Autres avocats clés:

Valerie Armstrong-Surgenor; David Gourlay; Gwen Murphy


Les références

‘Morton Fraser MacRoberts advise us on procurement law and subsidy control and the advice is always clear, reliable and pragmatic. It is obvious that the team seeks to understand the complexities of our organisation in order provide advice tailored to us. MFM manage to make complicated legal concepts and regulations accessible, while ensuring that they deliver consistently thorough advice.’

Principaux clients

Student Loans Company


Scottish Government


Principaux dossiers


  • Advising a client in the public sector on competition law compliance of new initiatives towards sustainability goals within the public transport sphere, including consideration of existing and draft guidance on exemption under the Competition Act 1998.
  • Advising a health technology manufacturing company on its distribution arrangements.
  • Advising on a potentially high-profile damages action.