Derek Spitz

Derek Spitz has a broad commercial litigation, competition and international arbitration practice, with particular expertise in private actions for damages in competition law cases. He has appeared in the CAT, High Court and the Court of Appeal.

Recent work includes acting for Sainsbury’s Supermarkets Limited in substantial and high-profile claims against Visa and MasterCard concerning interchange fees implemented in breach of EU Competition law (judgment by the Court of Appeal in July 2018 following a 13-week trial against Visa and a 7-week trial against MasterCard. In July 2020, the Supreme Court recently upheld the decision of the Court of Appeal on all but one point); for Ryder Limited in another substantial and high-profile private action against the major European Truck manufacturers and distributors involved in a long-running Europe-wide cartel (In October 2020 the Court of Appeal ruled in favour of Ryder on a preliminary issue); for defendants in a breach of warranty and fraud claim involving alleged restrictive practices and abuse of dominance in relation to the supply of hydrocortisone tablets; for defendants in a complex fraud and conspiracy trial in the Commercial Court relating to the Iraqi oil and gas industry; for BMW in substantial “Elida-Gibbs” VAT repayment claims involving the proper construction of VAT and EU law; in a hard-fought trial concerning contractual construction and estoppel; in a lengthy arbitration under AFSA Rules, and advising on complex issues arising in derivative contracts under the ISDA Master Agreement.

Derek has also acted in a number of substantial international commercial arbitrations under ICC, LCIA, and AFSA Rules and in several banking and finance related matters.

Before being called to the Bar in England and Wales, Derek was a leading junior at the Johannesburg Bar, practising in commercial, competition and public law, and was an author and co-editor of Constitutional Law of South Africa (the leading work in the field). He continues to be a member of the Johannesburg Bar with expertise in South African law. Derek was educated at the University of the Witwatersrand (BA (Honours) LLB cum laude); Cornell University (MA) (Fulbright Scholarship); and Columbia University (JD) (Harlan Fisk Stone Scholar).

University of Witwatersrand, Johannesburg (BA Hons, LLB); Columbia University, New York (JD); Cornell University, Ithaca (MA).