Mark Brealey KC

Mark Brealey is a specialist litigator in all aspects of Competition Law. He regularly appears before the Competition Appeal Tribunal on behalf of companies who are appealing adverse decisions adopted by the CMA (infringement decisions, mergers, market studies). He has vast trial experience in the litigation of standalone and follow-on actions, and he frequently advises on establishing collective actions.

Supreme Court

Mark has argued points of public importance involving Competition law before the Supreme Court: CMA v Flynn Pharma [2022] UKSC 14 (costs orders against the CMA); Sainsbury’s Supermarkets v Visa and Mastercard [2020] UKSC 24 (overcharge and pass-on); Deutsche Bahn v Morgan Crucible [2014] UKSC 24 (graphite cartel and time-bars); BCL Old v BASF [2012] UKSC 45 (vitamins cartel – meaning of infringement decision).

Court of Appeal

Cases involving important points of Competition law in the Court of Appeal include: CMA v Pfizer [2020] EWCA Civ 339 (test for excessive pricing); AB Volvo v Ryder Ltd [2020] EWCA Civ 1475 (immunity applicants and abuse of process); CMA v Concordia [2018] EWCA civ 1881 (search warrants and public interest immunity): Enron Coal Services v EWS [2011] EWCA Civ 2 (binding findings of fact in infringement decision); Argos v OFT [2006] EWCA Civ 1318 (tri-angular concerted practice).

Court of Justice of the European Communities

Mark has appeared regularly before the Courts in Luxembourg and retains rights of audience as a member of the Irish bar. He appeared in the seminal case of Case C-453/99 Courage v Crehan (establishing the right to claim damages for breach of competition law); also, Case C-588/16P: Generics v Commission (pay for delay); Case C-457/10P AstraZeneca v Commission (regulatory abuse of dominant position); Case T-251/12 Freight Forwarding v Commission (price fixing cartel).

Courts and the Competition Appeal Tribunal

Mark has appeared in numerous trials involving competition law and many have given rise to important issues of competition law. They are referred to above, for example the interchange fee litigation. Others include: HG Capital v CMA (generic pharmaceutical pricing) Lexon v CMA [2021] CAT 5 (meaning of object infringement); Imperial Tobacco v OFT [2011] CAT 41 in the CAT (vertical price restraints); Hays v OFT [2011] CAT 29 (recruitment consultant cartel; reduction of penalty); Kier v OFT [2011] CAT 33 (construction cartel: reduction of penalty).

International appearances

In addition to appearances in the CJEU Mark advises on competition law issues abroad. He appeared in the Supreme Court of Mauritius in Case 2017 SCJ 294 Emtel v Cellplus (margin squeeze in telecommunications) which is due to be heard in the Privy Council.

Current cases

Mark is currently acting in the trucks’ cartel litigation, in claims by Epic against Apple and Google, in several pharmaceutical cases involving pay for delay, and in the Libor litigation.