Competition litigation

The Competition Act of 1998 has put in place a regulatory framework for the promotion of competition and the prohibition of anti-competitive conduct, restrictive practices (such as price fixing, predatory pricing and collusive tendering) and abuses by dominant firms.

The Competition Commission is responsible for investigating and evaluating mergers as well as alleged prohibited practices. It has the power to disallow small and intermediate mergers and makes recommendations on larger mergers to the Competition Tribunal.

As a specialist litigation firm, Assheton-Smith Incorporated deals with litigation and dispute management arising from the provisions of the Competition Act. Our legal expertise includes the following:

  • instituting and defending complaints of abuse of dominance and prohibited practices (including horizontal and vertical restrictive practices);
  • instituting and defending applications for interim relief; and
  • taking decisions on review and appeals.

Craig Assheton–Smith instituted one of the first applications for interim relief when he acted for a flower bulb fundraising scheme against flower bulb producer Hadeco.

He is currently engaged in opposing interim relief proceedings brought against a UK-based producer of control systems. He has recently successfully brought an application in respect of the recovery of costs in the Competition Tribunal.

Craig has also represented the Competition Commission in the first appeal to the Competition Appeal Court against the Competition Tribunal’s review of a decision made by the Competition Commission.