Competition law

We are well versed in how competition and procurement matters affect the construction and engineering sectors and pride ourselves on clear and informed advice which assists clients to make decisions.

Competition law

Beale & Co provide clients with advice on all matters related to competition law , public procurement and sectoral advice.  Our team, led by Partner Paul Henty, have many years of experience in this specialist field.

We are able to assist clients with:

  • investigations by competition authorities such as the Competition and Markets Authority or sectoral regulators such as the Office of Road and Rail
  • matters related to abuse of dominance
  • anti-competitive agreements and cartels
  • competition compliance programs
  • merger control filings and complaints related to anti-competitive mergers
  • market studies and market references
  • advice in relation to State aid and subsidy control law
  • public procurement advice for suppliers including challenging award decisions or exclusion decisions
  • advice on responsibilities under the procurement rules for regulated entities engaging in purchasing exercises

For more information on public procurement please see webpage here.

We advise clients from all sectors.  We are particularly well versed in how competition and procurement matters affect the construction and engineering sectors.

We pride ourselves on clear and informed advice which assists clients to make decisions.  We are also responsive; competition and procurement matters frequently require us to act promptly to meet deadlines, often within tight time frames.

Our practitioners frequently contribute articles to publications such as Concurrences, New Law Journal and Public Procurement Law Review on developments, remaining up to date in these fast moving legal areas.

Our Competition law Experience

Allegations of anti-competitive conduct

Defending a major construction company in relation to allegations of anti-competitive conduct

Application of EU State aid law

Advising on the application of EU State aid law to a number of agreements between a State owned bank and a private service provider

Investigation by the Competition and Markets Authority

Advising in connection with a leniency program in a construction related investigation by the Competition and Markets Authority.

Challenge to an infrastructure procurement

Advising a leading engineering concern on a successful challenge to an infrastructure procurement, leading to reversal of contract award decision.

Challenge to local authority procurement

Representing leading grounds maintenance contractor in successful challenge to local authority procurement, leading to payment of substantial out of court damages.

Merger of two large rail concerns

Advising an international engineering business on representations made to the EU Commission in relation to the merger of two large rail concerns, contributing to the decision to prohibit the merger.

Merger of two large housing developers

Successfully seeking merger clearance from the EU Commission in relation to the merger of two large housing developers.

Healthcare related judicial review

Representing a third party in relation to a successful intervention in a healthcare related judicial review before the High Court.

Vertical Agreements Block Exemption

Making representations to the EU and CMA on behalf of a trade association in relation to the ongoing review of the Vertical Agreements Block Exemption and accompanying guidelines.

Invoking the law of abuse of dominance

Successfully invoking the law of abuse of dominance to assist our client in gaining access to an important transport installation.