Elaine Whiteford

Photo of Elaine Whiteford

Elaine Whiteford draws on her extensive experience to advise clients on all aspects of contentious competition law. She has particular expertise in regulatory and cartel investigations, abuse of dominance cases, as well as follow-on and stand alone damages litigation and multi-jurisdictional commercial litigation involving competition law issues.

Latest Articles

In October, the UK’s Competition and Markets Authority (CMA) imposed a fine of 1.6 million GBP for a land agreement which it found to infringe competition law. This is the first time that the CMA has taken enforcement action and issued a fine in relation to a land agreement, despite such agreements having been covered by the Chapter 1 prohibition (the UK equivalent of Article 101 TFEU) since 2011. The imposition of the fine, together…
On 9 October 2018, the High Court of England and Wales handed down its first reasoned damages award in a follow-on antitrust damages claim (BritNed v ABB). Although BritNed had claimed damages of €180 million, the Court awarded it only €13 million plus simple interest. The claims for lost profits and compound interest were dismissed. In doing so, the Court provided important guidance to parties involved in antitrust damages claims in England, indicating…
The European Commission (“Commission”) recently fined Denon & Marantz, Asus, Pioneer and Philips (the “Individual Parties”) a total of EUR 111 million for restricting the ability of online retailers to set retail prices for their products – a hard-core restriction under EU competition law known as “resale price maintenance” or “RPM” (the “Infringement Decisions”). These Infringement Decisions are noteworthy because: (i) they are the first e-commerce infringement decisions since the Commission’s 2017 Final…
The UK Government published its highly-anticipated technical guidance on merger review and anti-competitive activity on 13 September 2018 which will apply in the case of a ‘no-deal’ Brexit (the ‘Guidance’). Although brief, it provides market players with some form of practical advice and insights on what to expect, how cases are likely to be divided between the EU and UK regimes, how UK competition law will develop, and suggests in what ways post-Brexit competition damages…
Introduction On 11 June 2018, the European Commission (“Commission”) published DG Competition’s 2017 Annual Activity Report (“Report”) to provide an overview of its pursuit of its competition policy objectives and enforcement of EU competition rules in 2017.  In its Report, the Commission indicates that it has continued to prioritise competition on the merits and that it has focused interventions in the light of priorities outlined in its Political Guidelines, as well as on promoting…
Introduction Gun-jumping has been in the spotlight this year both at the European level and in the UK. At the EU level, first there was DG Competition’s record fining of Altice of € 124.5m (here) and then the Court of Justice of the EU (“CJEU”) ruled on the scope of the EU law standstill obligation in its EY/KPMG Denmark preliminary ruling (here). Now the Competition and Markets Authority (“CMA”) has fined…
Last month’s Commission decision to impose a fine of €124.5 million on Altice for gun jumping is a stark reminder of the need to establish processes to ensure against conduct that can be characterized by the merger control authorities as violating the “hold-separate” obligation of the EU Merger Regulation (“EUMR”). That obligation prohibits parties to transactions that are subject to the EUMR from prematurely coordinating their activities or receiving the benefits of ownership—i.e., “jumping the…