Michelmores’ Antitrust & Regulatory team advises on all aspects of regulatory and public law, including competition law, subsidy controls, economic and financial regulation.
Andrew Oldland KC was formerly a member of the Attorney-General’s Alist of Counsel and has previously been instructed by many government agencies and regulators including SFO, FCA, the Environment Agency and HMRC. Andrew sits as a part time judge in the Crown and County Courts.
Noel Beale was formerly Director of Legal Services at Ofwat and has been instructed in private practice by Ofwat and Ofgem. Noel, Andrew and the team also have considerable experience of advising in relation to Competition and Markets Authority investigations.
Our team’s knowledge of acting for regulators (as well as the regulated) enables us to advise clients from the outset on the early steps they need to take to minimise the risk of negative outcomes and, if necessary, negotiate an appropriate settlement with the regulator (including obtaining leniency).
Being able to demonstrate a proactive approach to compliance to regulators is becoming an ever-greater priority for our clients. We have experience across a range of different sectors and regulators in devising efficient and effective systems of internal compliance and assurance. We have conducted multiple internal regulatory investigations and reviews and have helped clients establish systems for mitigating risks effectively.
We also advise companies and regulators in relation to the application of their statutory powers. This covers regulatory decision making in various contexts as well as the statutory powers of undertakers, for example, in relation to the provision of infrastructure.
Should it be necessary, we also have experience advising in relation to challenges to contravention and infringement decisions by regulators using statutory appeal mechanisms or judicial review as appropriate.
Advising a major party to the CMA’s Competition Act investigation into Design, Construction & Fit-Out Services, including advising in relation to potential director disqualifications
Advising Ofwat, and more recently, Water and Sewerage Undertakers in relation to various Price Review related matters
Advising and successfully representing a major quarry company facing prosecution by the Environment Agency relating to allegations of polluting the River Tamar
Advising the Duchy of Cornwall in respect of a harbour revision order and other marine matters.
Advising the Forestry Commission in relation to the updating of its decision making procedures in relation to certain applications
