ALISTAIR LINDSAY

MA (Cambridge), PhD (Cambridge)
CALL DATE: 1993

SUMMARY

Alistair Lindsay specialises in merger control, cartels/restrictive agreements, and abuse of market power.  He was listed as one of the top 40 antitrust lawyers in the world aged under 40 by Global Competition Review in February 2004 and again in May 2008.  He is the author of "The EC Merger Regulation: Substantive Issues" (Sweet and Maxwell; 3rd ed, 2009 jointly with Alison Berridge), which was described by a leading partner in a review as a "masterpiece".  He was a partner in Allen & Overy LLP from 2001 to 2009 and, whilst a solicitor, was listed as a leading practitioner (in the first tier) of Competition/EU law by Chambers UK, which described him as a "star practioner" (2008) and a "virtuoso" (2006) and referred to his "brilliantly accurate advice" (2007).

For more information on "The EC Merger Regulation: Substantive Issues" (Sweet and Maxwell; 3rd ed, 2009), please click here.

 

COMPETITION LAW/ANTITRUST

  • Listed as one of the world's top 40 antitrust practitioners aged under 40 by Global Competition Review in February 2004 and again in May 2008
  • Listed as a leading practitioner (in the first tier) of Competition/EU law solicitors by Chambers UK, which described him as a "star practioner" (2008) and a "virtuoso" (2006) and referred to his "brilliantly accurate advice" (2007)
  • Author of "The EC Merger Regulation: Substantive Issues", which was published by Sweet & Maxwell in 2003 (second edition in 2006; third edition, co-authored with Alison Berridge, 2009).  A leading partner in a review in the European Competition Law Review described the first edition as a "masterpiece". An economist reviewing the second edition stated: "Another distinctive strength is the combination of legal and economic reasoning, which is rarely achieved elsewhere."
  • Author of the new "Market Definition" chapter in "European Community Law of Competition", Bellamy & Child, 6th edition (2008) (jointly with Nick Scola)

RECENT/MAJOR CASES

Competition Appeal Tribunal

  • Representing Ryanair on its application to the Competition Appeal Tribunal challenging the OFT's decision that it is not time barred from investigating Ryanair's minority stake in Aer Lingus
  • Representing Eventim on its successful application to the Competition Appeal Tribunal to quash the Competition Commission's decision to clear the US$800 million merger between Live Nation and Ticketmaster.

Mergers

  • Advising Ryanair on the OFT's investigation into Ryanair's acquisition of a minority stake in Aer Lingus
  • Advising PSN on the OFT's investigation into Wood Group / PSN.
  • Advising the purchaser on Symington / Cockburn's (three to two; cleared unconditionally by the OFT)
  • Representing Eventim on the Live Nation / Ticketmaster merger
  • Advising the purchaser on Cable & Wireless / Thus (cleared unconditionally by the OFT)
  • Advising Emap on the merger control aspects of its break-up (all approvals obtained in phase 1)
  • Advising Nationwide on its mergers with Portman Building Society, Cheshire Building Society and Derbyshire Building Society (all cleared unconditionally by the OFT)
  • Advising the target on Santander / Alliance & Leicester (cleared unconditionally by the European Commission)
  • Advising Skipton Building Society on its merger with Scarborough Building Society (cleared unconditionally by the OFT)
  • Advising the purchaser on Arqiva / BT SBS ("3 to 2" in satellite distribution services; cleared unconditionally by the OFT)
  • Advising the purchaser on William Hill / Stanley Leisure (cleared by the OFT on the basis of undertakings in lieu)
  • Advising DS Smith on numerous transactions, including its acquisition of LINPAC Containers (which was cleared unconditionally by the Competition Commission) and its purchase of the waste paper business of BPB (cleared unconditionally by the OFT)
  • Advising the vendor on GE / Smiths Aerospace (cleared by the European Commission in phase I, although it raised similar conglomerate issues to GE / Honeywell)
  • Advising the lead partner, Smiths Group, on Smiths / GE Detection JV (eventually abandoned)
  • Advising the purchaser on Virgin Active / Holmes Place (local overlaps in gym clubs; cleared unconditionally by the OFT)
  • Advising GSK on its proposed purchase of Boots' OTC business (ECMR; GSK was the underbidder)
  • Advising Berkshire Hathaway on numerous acquisitions, including its purchases of Iscar, Russell, TTI and VF's intimates business
  • Advising the purchaser on Iberdrola / Scottish Power (cleared unconditionally by the European Commission)
  • Advising the purchaser on NewsCorp / Telepiù (junior partner) (Phase II in EC; merger to monopoly; complex set of commitments)
  • Advising Rexam on numerous acquisitions and disposals, including its acquisition of American National Can (cleared by the European Commission on the basis of disposals), the re-purchase of one of the disposal plants, its purchase of Rostar (merger to near monopoly in beverage cans in Russia) and its unconditional disposal of its UK glass business (which was referred to the Competition Commission)
  • Advising WPP on its purchase of PPG (high combined shares in outdoor advertising; cleared unconditionally by the OFT)

Behavioural / Cartels /  Abuse of Dominance

  • Advising a publisher on eBooks (ongoing)
  • Advising Reckitt Benckiser on Gaviscon (alleged exclusionary abuses)
  • Advising a generic supplier on the European Commission's investigation into perindopril (Servier) (ongoing)
  • Advising Procter & Gamble on the OFT's investigation into alleged predatory pricing in the supply of mesalazines (which led to a case closure decision)
  • Advising a listed construction company on the OFT's ongoing investigation into alleged cover pricing in England
  • Advising a major manufacturer on the OFT's investigation into alleged coordination of retail prices in supermarkets
  • Advising DS Smith on the OFT's investigation into an alleged Corrugated Sheet Cartel (which led to a case closure decision)
  • Advising BT on the Competition Commission investigation into Classified Directory Advertising Services (from March 2006)
  • Advising William Hill (originally the lead complainant) on the OFT's investigation into the supply of race and runners data by the British Horseracing Board