Mr O’Donoghue’s practice focuses on all aspects of EU and UK competition laws (including international mergers and acquisitions, restrictive practices, abuse of dominance); EU law matters more generally (eg internal market, conflicts of law/forum, challenges to EU legislation, public procurement); and regulatory and public law (in particular utilities regulation). He has frequently appeared before EU and national competition authorities and regulators in respect of these practice areas, as well as in litigation before the EU courts, UK courts, foreign courts and arbitral bodies. Leading cases include: Telefonica O2 & ors v British Telecommunications [2012] EWCA Civ 1002; Asda & ors v Office of Fair Trading [2011] CAT 41; Foundem v Google Inc (abuse of dominance (pending); CEF & EWRG v General Electric UK Ltd & ors (recycling) (settled); PLUS Markets plc v London Stock Exchange plc (Commercial Court); Emerald & ors v British Airways plc [2009] EWHC 741 (Ch), [2011] 2 WLR 203 (CA); Tesco plc v Competition Commission (Competition Appeal Tribunal); iDealing Ltd v London Stock Exchange (High Court); St George’s Healthcare NHS Trust v S [1999] Fam 26 (Court of Appeal); European Climate Exchange v LCH Clearnet Ltd (High Court), Sel-Imperial v British Standards Institution (High Court); Case No 1093/3/3/07 T-Mobile (UK) Ltd v Ofcom Competition Appeal Tribunal); and British Association of Airline Pilots v British Airways plc (High Court); EU cases (Luxembourg): British Airways v Commission (air cargo cartel) (pending); Case T-184/01 R, IMS Health Inc v Commission [2001] ECR 11-3193; Case C-481/01 P(R), NDC Health Corp & NDC Health GmbH & Co KG v IMS Health Inc [2002] 5 CMLR 1; Case C-381/98 Ingmar GB Ltd and Eaton Leonard Technologies Inc [2000] ECR 1-9305; Case C-95/04 P British Airways plc v Commission, judgment of March 17 2007; Case T-15/02 BASF AG v Commission, judgment of March 15 2006.
Qualified 1996, Lincoln’s Inn; internship at telecoms unit of DG Competition (Unit C) of the EU Commission; Brussels and London offices of Cleary Gottlieb Steen & Hamilton LLP 1998; Brick Court Chambers 2007.
French.
LLB; LLM; Bar Vocation Course.