Adam Aldred

Adam specialises in EU & competition law (see link below). He is a member of the Chartered Institute of Arbitrators and fellow of the Asian Institute of Alternative Dispute Resolution.                 

In 1999, Adam became an accredited mediator and, subsequently, became a director of ADR Group, one of the two principal providers of mediation services in the UK.

Adam’s experience in both mediation and arbitrations has focused primarily on EU and competition law, his principal area of expertise, although he enjoys purely commercial cases as well.

Adam regularly supports the Willem C. Vis International Commercial Arbitration Moot Competition as a trainer and panelist.

Significant Cases

1. Acting for a US manufacturer in an ICC Arbitration in New York defending a claim by a UK distributor alleging breach of EU competition law

2.  Acting for companies in respect of a number of arbitrations before the Grocery Code Adjudicator in respect of alleged breaches of the Groceries Supply Code of Practice (GSCOP)

3. Acting for an EU distributor in an ICC Arbitration against a Japanese manufacturer

4.  Acting for three arbitrators whose award was being challenged before the High Court

Adam is registered by the New South Wales Bar Association to practice as a foreign lawyer in Australia.

Adam specialises in Competition Law and Antitrust Litigation and is top ranked by Chambers & Partners in the UK.

Adam is able to advise Australian solicitors and their clients on competition law issues affecting them which have a UK/European dimension.  He advises on merger control, regulatory investigations, dominance, global litigation and dispute resolution, international trading arrangements and compliance.

Adam’s advice can be sought on an ad hoc basis or he can be incorporated into a team for longer-term projects, as needs be.  Adam holds professional indemnity insurance in the UK that covers the practice of foreign law in Australia.

Adam maintains a residence in Sydney.  When in Sydney, Adam can be contacted on +61 2 8091 1211.  Otherwise, please contact one of his clerks, Gary Young GYoung@kingschambers.com or Louise Barnes LBarnes@kingschambers.com.

For over 25 years, Adam has specialised in all aspects of EU and UK competition law, including antitrust investigations, appeals, antitrust litigation, mergers, restrictive trade practices and cartels, strategic business advice, GSCOP, joint ventures and other forms of collaboration, dominance, public procurement, State aid and competition risk management.

For years, Adam has been ranked by Legal 500 as the Leading Individual in EU & competition law in Yorkshire, and recommended by PLC, and by Chambers in Europe, London and in the Regions.  Adam is Top Ranked by Chambers UK 2020 for Competition Law (The Regions (Bar)).

Significant Cases

Investigations & Advisory

1. Acting for a recipient of a Statement of Objections issued by the Competition and Markets Authority during 2019
2. Acting for directors and individuals of companies under investigation by the Competition and Markets Authority
3. Obtaining leniency markers for various clients based in the North of England in respect of matters which were not pursued by regulators on administrative grounds
4. Acting for an international pharmaceutical company on an EC dawn raid in Yorkshire
5. Acting for a trade association defending allegations of participation in anti-competitive conduct
6. Acting for a company based in the North West in respect of the OFT investigation in the UK automotive industry - from dawn raid to settlement
7. Acting for the Danish parent company of the Yorkshire-based immunity applicant in respect of the OFT's Dairy cartel decision - Adam successfully applied for that immunity
8. Acting for a FTSE 100 insurer: various investigations into the UK's private health industry, and also UK private motor insurance
9. Acting for a FTSE 100 insurer: the OFT's commitments decision in respect of information sharing through Experian's What If product
10. Acting for a Midlands-based copper fittings manufacturer in respect of an EC investigation, including leniency and an appeal before the General Court in Luxembourg
     

Competition Litigation

1. EU Truck Cartel – acting for UK Trucks Claim Limited in its application for a Collective Proceedings Order (Class Action) in the Competition Appeal Tribunal (Case 1282/7/7/18) seeking damages of £14 billion on behalf of UK purchasers of trucks against participants of an anticompetitive cartel discovered by the European Commission
2. Labinvesta v Dako & Agillent - acting for claimant, a small UK business, alleging abuse of dominance by defendants in a refusal to supply case before the Competition Appeal Tribunal (Cases 1263 & 1273/5/7/16)
3. Acting for a number of UK retailers in High Court proceedings brought against MasterCard and Visa in respect of alleged breaches of EU and UK competition law
4. Breasley & Ors v Vita – follow-on damages action in the Competition Appeal Tribunal (Case 1250/5/7/16) on behalf of 6 claimants seeking over £10 million in The case promptly settled
5. Waheeb & Latif v Tesco – a claim in the Competition Appeal Tribunal (Case 1247/5/7/16) on behalf of the claimant developers who alleged Tesco’s reliance on a restrictive covenant infringed competition law. Tesco agreed not to rely on the restrictive covenant and the case promptly settled
6. Agents' Mutual v Gascoigne Halman – acting for the defendant real estate agency defending injunctive proceedings brought by the owner of the OnTheMarket property
7. Acting for a potential defendant in a follow-on damages claim and negotiating a settlement before court proceedings were issued
8. Acting for a Part 20 defendant in the Copper Fittings follow-on damages action before the High Court in respect of an EC decision
9. Advising a foreign company in respect of prospective stand-alone damages claims arising out of the EC investigation regarding the small- screen LCD cartel
10. Advising a number of direct and indirect purchasers in respect of prospective follow-on damages claims arising out of the EC's Car Glass cartel decision and, separately, the EC's Foam cartel decision
11. Imperial Tobacco v OFT - appeal before the Competition Appeal Tribunal (Case 1160/1/1/10) in respect of the OFT's tobacco cartel-type decision - acting for Sainsbury's as intervener (Sainsbury's were the immunity applicant and Adam obtained that immunity)
12. Quarmby Construction v OFT - appeal on behalf of a Yorkshire-based construction company before the Competition Appeal Tribunal (Case 1120/1/1/90) in respect of the OFT's construction cartel decision and before the Court of Appeal
13. 2 Travel v Cardiff Bus - landmark follow-on damages action in the Competition Appeal Tribunal (Case 1178/5/7/11) in which exemplary damages were awarded for the first time in a competition case
14. Eden Brown v OFT - appeal before the Competition Appeal Tribunal (Case 1140/1/1/90) in respect of the OFT's construction recruitment forum cartel decision
15. Replica Football Kit – acting for Allsports in its appeal before the Competition Appeal Tribunal (Case 1021/1/1/03
16. Acting for an intervener before the ECJ in respect of an EC decision

Dominance

1. Acting for a US manufacturer defending allegations of dominance by a disgruntled UK distributor (Forum: ICC Arbitration)
2. Labinvesta v Dako & Agillent - acting for claimant, a small UK business, alleging abuse of dominance by defendants in a refusal to supply case in the Competition Appeal Tribunal (Cases 1263 & 1273/5/7/16)
3. Advising the owners of an airport in respect of High Court proceedings being brought by a bus company against the operator of that airport for alleged abuse of dominance
4. Bringing court proceedings against Cardiff Bus which had been found to have abused its dominant position in the Bus sector: 2 Travel v Cardiff Bus (Case 1178/5/7/11)
5. Advising clients in respect of regulatory investigations into alleged abuses of dominance
6. Acting for companies defending an abuse of dominance claim; settled at mediation
7. Acting for a company excluded from UK markets as a result of alleged abuses of dominance

Merger Control

Various mergers (phases I and II) before the OFT (as was), the CMA and the EC, including:

1.    Health cash plans

2.    Dental plans

3.    Motor vehicle dealerships

4.    Concrete roof tiles

5.    Salt

6.    Building societies

7.    Grocery convenience stores

8.    Pharmaceuticals

9.    Textiles and carpet yarns
 

GSCOP, Distribution Strategies & Compliance

1.    Conducting arbitrations before the Groceries Code Adjudicator and advising on GSCOP

2.    Advising various companies on their trading terms and UK and EU distribution strategies

3.    Delivering dawn raid and compliance training and manuals

Public Procurement and State Aid

Over the last decade, Adam has increasingly been called upon to advise councils and private companies on public procurement, State aid and restrictions affecting land, including:

1. Advising various local authorities on infrastructure and development schemes
2. Advising a tenderer in respect of a public procurement exercise run by a local authority which led to the revocation of the contract which had been awarded to a competitor, and a re-run of the tender
3. Advising a company when a council sought to enter the market and compete with it on commercial terms, thereby invoking the State aid rules
4. Acting for a property developer whose £multi-million development would have been thwarted by a 100+ year restricted-use restrictive covenant which was successfully removed on the basis it was anti-competitive
5. Advising property owners and their advisors on funding, permitted use and restrictions in retail parks having regard to competition law and the State aid rules

Adam specialises in EU & competition law (see link above). He is a member of the Chartered Institute of Arbitrators. In 1999, he became an accredited mediator and, subsequently, became a director of ADR Group, one of the two principal providers of mediation services in the UK.

Adam’s experience in mediations has focused primarily on EU and competition law, his principal area of expertise, although he enjoys purely commercial cases as well.

Significant Cases

Adam has acted as mediator and as advocate for parties in scores of mediations for over 15 years ranging from County Court claims through to £multi- million abuse of dominance cases in the Chancery Division and £multi-million follow-on damages claims in the Competition Appeal Tribunal.

Adam is an EU & competition law specialist (see link above). For over 25 years, Adam has advised sporting associations, leagues and clubs with regard to the competition and commercial issues relating to their activities.

Recommended in Legal 500 for Sports law: “competition law specialist Adam Aldred focuses on the interface between competition law and sport, and advises on issues such as the collective selling of football rights to broadcasters and shirt sponsorship deals”.

Significant cases

1. Adam advised an English Premier League Club in respect of an investigation by the Competition and Markets Authority into online ticket sale
2. Adam has advised on issues relating to the bundling of tickets and travel for fans attending away matches
3. Adam acted for Allsports in respect of the OFT’s cartel investigation relating to the sale of England and Manchester United football kits and the subsequent appeal to the Competition Appeal Tribunal (Case 1021/1/1/03), the first ever hearing of its type
4. Adam advised on the competition issues relating to the sale of broadcasting rights by the English Football League
5. Adam has advised football clubs in the Scottish Premier League with regard to the sale of broadcasting rights and related matters