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Bernardine Adkins

Partner
Bernadine Adkins

Membre (Liste E) de l'Ordre français des avocats au Barreau de Bruxelles

I'm head of the Antitrust team of 10 lawyers, described as 'intelligent and cutting-edge', covering everything EU and competition has to offer.

Tel: +44 (0)870 733 0649
Email: bernardine_adkins@wragge.com

Services: Antitrust
Business sectors: Food and Drink, Life Sciences

Best brains in ...

Thinking outside accepted orthodoxies to get a commercial result for the client; cartels work and litigation - and just good old 'quick n dirty' telephone advice.

Highlight of your career so far?

In the Land Rover v UPF (UK) Ltd case I covered the antitrust angle of litigation when Land Rover was being held to ransom by the liquidator of a supplier. We used Article 82 in an unusual way - to good effect and got a mandatory injunction awarded in Land Rover's favour and were able to settle the case. It mattered a lot to me as I grew up next to the Land Rover plant in Solihull and it was a privilege to use competition law in a creative way to make a difference.

Most challenging job you've ever done?

Where I was the lead partner in a full-blown Competition Commission investigation acting for both parties, which is both unusual and demanding. It was also highly cost-effective! Acting for one party before the CC usually requires stamina - acting for two was a real stretch. In retrospect, it was also great to challenge ourselves and our support staff.

What about outside the UK?

Part of the 'bread and butter' work in our practice is acting for US and other non-EU corporations covering the non-US side of merger clearances. We are used to turning around a position on 60 jurisdictions in double-quick time and working some funny hours in view of time differences... mind you, we once got a Guam lawyer out of bed...

Dedication to client care? Prove it!

Pulling the CEO of a client out of a bar at midnight to let him know the European Commission had just emailed me to say it wanted to run with his complaint. As the company was about to fold and this would save the day, as it did, he had no objection to being disturbed.

Best example of a creative legal solution?

Our Straight & Narrow online compliance programme. I was sick of reviewing tired old hard copy compliance programmes and so designed the programme. There are now a few other programmes around, but none of them have the 'fun element' of ours - or ease the burden of in-house counsel!

When have you ever given a client a real competitive edge?

In breaking the deadlock on a major piece of litigation by turning the competition law arguments back on the client's adversary. The case settled and our client was paid - luckily shortly before the adversary went bust.

Alerts

12.05.10

Competition law and land agreements: as safe as houses?

Are your land agreements facing an uncertain future?

29.04.10

General election manifestos and supermarket regulation - a 'blow' for democracy?

Last week, the Labour Party, Conservatives and the Liberal Democrats rolled out their manifestos ahead of the general election on 6 May 2010.

Each manifesto alludes to the GSCOP which came into force on 4 February 2010 through The Groceries (Supply Chain Practices) Market Investigation Order 2009.

03.03.10

Consultation on supermarket regulator

The Groceries (Supply Chain Practices Market Investigation) Order 2009 (GSCOP) came into effect on 4 February 2010. The Order requires certain supermarkets to have written terms with the majority of their suppliers of goods for resale in place.

28.01.10

Terms to be imposed into supplier:retailer grocery contracts

On 4 February 2010 the Groceries (Supply Chain Practices Market Investigation) Order 2009 (the Order) comes into effect.

30.09.09

Response from Wragge & Co LLP to the Consultation on the Review of the Vertical Restraints Block Exemption Regulation and Guidelines

Wragge & Co has provided comments on the European Commission's consultation on the draft vertical restraints block exemption and draft guidelines on supply and distribution agreements.

20.05.09

End of the road for Norris - a cautionary tale for salacious executives

Ian Norris, former CEO of Morgan Crucible, has failed in his latest attempt to avoid extradition to the US and faces spending the rest of his retirement at President Obama's pleasure.

13.05.09

A new coalition for competition?

As the European Commission announced today its largest-ever fine of €1.06 billion on chip maker Intel Corporation, the US is gearing up to take a more aggressive tack towards redressing monopolistic practices.

07.05.09

Shoots of growth - for a more benign merger regime - or a false dawn?

The Office of Fair Trading (OFT) has applied the so-called 'failing firm' defence for the first time since issuing a restatement of its position in December 2008.

29.04.09

Springtime comes to German merger filings...

Recent changes to German competition law have heralded in Spring for corporate and antitrust lawyers engaged in multi-jurisdictional mergers.

28.11.08

European Commission publishes preliminary findings of Pharmaceutical Inquiry - and opens up a hornets' nest

At a conference in Brussels today, the European Commission delivered its preliminary findings on the Pharmaceutical Sector Inquiry.

24.11.08

Car component manufacturers under scrutiny as cartel fines hit record high

Only this month, the European Commission imposed its highest total and individual fines yet on an illegal market-sharing cartel which took place in the car glass manufacturing sector.

13.11.08

Investigation of competition law infringements; what powers do the competition authorities have to conduct a search in my home?

As today's headlines show, there's yet more evidence that the competition authorities will stop at nothing to bring the perpetrators of anti-competitive behaviour to justice.

04.07.08

It's my party and I'll cry if I want to: health minister accuses GPs of cartel activity

On Saturday 5 July, the NHS celebrates its 60th birthday. Meanwhile, health minister Ben Bradshaw has accused some GPs of making "gentlemen's agreements" not to take each other's patients.

12.06.08

Prison sentences for marine hose cartelists

The Office of Fair Trading (OFT) has finally used the sharpest instrument in its cartel-busting toolkit, with the first prison sentences being passed against three British businessmen (a combined term of over eight years) under the cartel offence.

11.06.08

CC finds fault with PPI industry

On 5 June 2008, the Competition Commission (CC) published its provisional findings regarding competition in the Payment Protection Insurance (PPI) industry.

30.04.08

Is it time for the supermarkets to bite back?

The Competition Commission's (CC) final report on competition in the grocery market has been published today, following a three-year investigation. The verdict is largely a clean bill of health for the supermarket chains.

12.03.08

Norris avoids US extradition - but for how long?

The House of Lords has today confirmed that Ian Norris, former chief executive of Morgan Crucible, will not be extradited to the US on the charge of price-fixing.

18.02.08

OFT criticised by High Court judge for milking publicity

The Office of Fair Trading (OFT) has come under unprecedented criticism following its high-profile investigation into alleged price-fixing in the dairy industry.

15.02.08

CC recommends triple whammy for the 'Big Four'

The Competition Commission (CC) has just issued a press release in relation to its long-awaited provisional remedies decision. According to Wragge & Co antitrust partner Bernardine Adkins, this matter isn't as straightforward as many commentators believe.

10.01.08

Apple dances to the European Commission's tune

Apple has announced that within six months it will cut the prices it charges for music from its UK iTunes store to match those charged in other European countries.

20.12.07

Marine hoses leave three UK businessmen in a tangle in maiden cartel offence prosecution

This week the Office of Fair Trading (OFT) charged three executives in the marine hose sector with cartel offences under the Enterprise Act 2002.

07.12.07

Supermarket sweep - OFT ups ante with dairy fines

Retailers and dairies paying fines totalling £116 million following an investigation by the Office of Fair Trading has put competition law at the top of the news agenda.

22.10.07

When the Commission comes to call: legal privilege vis-à-vis the European Commission

The vexed issue of the law relating to legal privilege concerning European Commission competition investigations has been clarified by the Court of First Instance.

27.06.07

OFT launches market study into housebuilding: a help or a hindrance?

The Office of Fair Trading (OFT) announced on the 22 June that it is to launch a 'groundbreaking' study into the UK housebuilding market. This has caused considerable speculation over the possible outcome for the UK's housebuilders.

27.04.07

ORR refers the ROSCOs - a railway bridge too far?

The Office of Rail Regulation (ORR) announced on 26 April its decision to refer the leasing of rolling stock for franchised passenger services to the Competition Commission (CC).

10.05.06

EU action in the energy sector

In a public presentation yesterday,1 Neelie Kroes, the European Commissioner responsible for competition, has announced that the European Commission is preparing an assault on anti-competitive practices in the energy sector.

17.11.05

'Co-dependent' schools - when is an information exchange permissible?

As has been well publicised in the national press, some 50 of the country's leading independent schools have got themselves into hot water with the Office of Fair Trading (OFT) over an inappropriate exchange of confidential information.

13.10.05

Austrian province loses test case for regional ban on GMOs

EU governments refusing to apply the EU legal regime governing GMOs suffered a further set back on 5 Oct 05 when the European CFI threw out the joint attempts of the Austrian government and an Austrian province to challenge the EU GMO regime

12.10.05

International flights will soon be subject to EU emission limits

As an incentive to airlines to reduce the escalating greenhouse gas emissions from international flights, the European Commission is proposing to fix the number of emission allowances for each operator.

 

Press releases

30.01.09

Wragge & Co advises De Rigo on Dollond & Aitchison and Boots Opticians merger

Wragge & Co LLP has advised De Rigo, Italian parent company of Dollond & Aitchison, on creating the UK's second largest optical chain. De Rigo and Alliance Boots have agreed to merge Dollond & Aitchison and Boots Opticians.

02.04.08

Wragge & Co's Life Sciences practice grows

Wragge & Co LLP has boosted its Life Sciences practice with the appointment of Dr Luke Kempton as a partner. With significant expertise in life sciences litigation, Luke will be a major force in driving forward the life sciences practice.

17.12.07

Wragge & Co wins United Biscuits role

Wragge & Co LLP has been appointed to advise United Biscuits following a competitive pitch process. A team led by real estate partner John Burns has won a full-service panel appointment.

05.07.07

Wragge & Co completes €41 million cross-border life sciences deal

Wragge & Co LLP's sector-focused Life Sciences Team has completed a €41 million cross-border life sciences deal for Japan's Eisai Co, Ltd.
 

Published articles

16.06.08

Ignorance is bliss: but it's no defence

With the OFT breathing down our necks, it would be wise not to get caught out on competition rules because you didn't know they existed.

16.05.08

So, what's the damage?

Construction companies accused by the OFT will be wondering how bad things are going to be for them. Here's the answer.

 

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