EU & Competition Law
Our group of specialists is able to advise and litigate across the whole range of EU law and EU and UK competition law. This notably includes: questions relating to withdrawal from the European Union and future relationships with the EU; the interface between the EU rules on competition, the internal market and investment law; product liability, unfair commercial practices and other aspects of EU internal market regulation; the free movement of goods, especially its interface with intellectual property rights; the free movement of persons and social security; protection of the environment; employment law; justice and home affairs, especially the application of the Schengen Protocol, the European Arrest Warrant and the Brussels I Regulation; the protection of fundamental rights in the EU; and all aspects of the EU’s external relations, especially anti-dumping and the new rules on foreign direct investment.
Recent experience extends from litigation on worker’s holiday entitlements and the EU rules governing the conduct of slaughterhouses to a series of international investment arbitrations raising issues of the application of EU competition law, the regulation of energy markets and the application of the Energy Charter Treaty in intra-EU disputes. Members of our group are involved in the Micula litigation before both the EU courts and national courts. We are also closely involved in advising on the legal implications of the UK’s withdrawal from the EU, the UK’s future relationship with the EU and third countries, questions of international trade arising from the UK’s departure from the EU and litigation relating to Brexit, notably R(Miller & others) v Secretary of State for Exiting the European Union.
The leading position of Henderson Chambers in practice areas such as product liability, public procurement, employment law and banking law is reinforced by this expertise in the EU law that underlie the UK’s domestic legislation.
One of the members of our group, Professor Sir Alan Dashwood QC, is an internationally recognised authority on EU law and the co-author of a leading textbook in the field, Wyatt and Dashwood’s European Union Law, the sixth edition of which was published in the summer of 2011.
Representative casesgrid list
Micula v Republic of Romania (Supreme Court)
Acting for investor in one of the most significant recent cases regarding the interaction between investment treaty arbitration and EU law.
The Supreme Court ( UKSC 5) unanimously allowed the investor’s cross-appeal relating to the enforcement of a £250m arbitration award, in the face of EU law objections, a matter with significant bearing upon the ICSID system.
R (Miller & Others) v Secretary of State for Exiting the European Union  EWHC 2768 (Admin) &  UKSC 5
Representing members of an organization in 18 EU Members States (both in Divisional Court and in Supreme Court) in challenge regarding the Secretary of State’s power to give notification under Article 50 TEU.
EU & Competition Law Barristers
Professor Sir Alan Dashwood QC
Call: 1969 Silk: 2010
Rhodri Williams QC
Call: 1987 Silk: 2010
Patrick Green QC
Call: 1990 Silk: 2012
Andrew Kinnier QC
Call: 1996 Silk: 2018
Henry Warwick QC
Call: 2007 (Solicitor: 2000) Silk: 2020
Call: 2007 (Solicitor: 2005)