Marjorie C. Holmes

Marjorie focuses on competition law in several sectors, including aviation, marine, insurance, construction, energy, life sciences, and finance. Marjorie has represented companies in a number of important investigations by the European Commission and the UK Competition Authorities. She has significant merger control experience, including dealing with phase 2 clearances. Marjorie's work also includes public interest tests, national security concerns, and price control references – key legal themes that have characterised the competition landscape in recent years. She is one of the few lawyers with UK High Court, Court of Appeal, and ECJ private actions competition law-related experience, including running cases to successful judgments.

Experience

Representative matters

Contributed to the World Bank Group research on competition law for the United Kingdom.

Provided merger control advice to Navig8 in relation to a complex transaction clearances obtained in 11 jurisdictions (Brazil, China, COMESA, Egypt, European Union, Morocco, Saudi Arabia, South Africa, South Korea, Turkey, and the United States).

Acting for a TV production company in relation to the UK CMA cartel investigation into production of non sports content.

Contributed to the World Bank Group research on competition law for the United Kingdom.

Acting for a TV production company in relation to the UK CMA cartel investigation into production of non sports content.

Advised a European supplier of savoury snacks in relation to a strategic acquisition of a competitor in the UK.

Advised Daily Mail on merger control issues, including the client’s acquisition of the printing plant business of JPIMedia and the acquisition of New Scientist to its consumer media business, DMG Media

Acted for Sonoco (packaging company) in one of the first Phase 2 investigations ‎by the Competition and Markets Authority (CMA) on acquisition of Weidenhammer, securing derogations to integrate outside of UK during the investigation and, ultimately, unconditional clearance.

Represented Telford Holmes in respect of the EU merger clearance of its £267.4 million acquisition by CBRE, the world’s largest real estate services firm

Acted for a third party who was required to give a deposition in the US and response to a request for information in the UK in respect of a proposed $1.2 billion life sciences merger

Provided antitrust and national security advice to a Danish shipping company selling a UK-based cargo ferry operator (which operates between UK and Ireland) to a large shipping group, which included successfully obtaining Irish merger control clearance

Regularly advising a large multinational metals and mining corporation on complex and large-scale issues including exclusivity and MFNs in their contracts of affreightment

Advised OOIL/OOCL on multi-jurisdictional merger clearance for COSCO shipping acquisition for $6.3 billion, including obtaining clearance at European level and working with colleagues in U.S. with respect to a HSR filing and securing CFIUS approval which centered around OOIL’s ownership of the Long Beach Container Terminal.

Successfully defended an action for damages (including exemplary damages) totalling $160 million for alleged breaches of Articles 81 and 82 before the English High Court. Arkin v. Borchard & Others [2003] 2 Lloyd’s Rep 225; [2003] EWHC 687 (Comm); [2004] 1 Lloyd’s Rep 88; [2003] EWHC 2844 (Comm); [2004] 1 Lloyd’s Rep 636; [2003] EWHC 3088 (Comm)

Advised on competition aspects of a private action in the energy sector

Project managed Global compliance programmes including on-line training covering most of the 100+ countries with competition laws in place worldwide

Advised on legal and economic succession issues arising on purchase of companies in administration as a result of the current financial crisis and resulting downturn in the economy

Advised a financial services company on rights and obligations when appearing before the Competition and Markets Authority (CMA)

Assisted a private equity firm to identify and deal with merger filing requirements in connection with its proposed investment in a dry bulk shipping joint venture with two strategic partners