Davina Garrod

Partner

Areas of Focus

Davina Garrod

Partner

davina.garrod@akingump.com

Areas of Focus

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Biography
  • Leads the firm’s International/United Kingdom (UK)/European Union (EU) antitrust/competition practice, and co-leads the firm’s Artificial Intelligence (AI) practice.
  • Represents multinationals, global financial institutions and investors in complex multijurisdictional merger control & foreign investment (FDI)/national security/foreign subsidies investigations.
  • Defends clients and advises complainants/third parties in behavioural antitrust, State aid and regulatory cases, disputes, market studies and sector inquiries.

Davina Garrod is recognized by Legal 500 for her “encyclopedic understanding of competition and merger control laws” and her “in-depth understanding of the regulatory landscape in markets.” She advises multinationals, corporates, financial institutions and trade associations on mergers, acquisitions, joint ventures, strategic alliances and restructurings.

With more than 24 years’ experience, in addition to conducting multijurisdictional merger control analyses, navigating and obtaining antitrust and regulatory approvals for complex transactions within and outside of the EU, and negotiating remedies packages, Davina represents leading sovereign wealth funds, private equity (PE) firms, global institutional asset managers and banks in the context of their strategic and financial investments (transactional and contentious).

Davina also advises on:

  • Abuse of dominance investigations by the European Commission (EC), Competition & Markets Authority (CMA), Office of Communications (Ofcom), Financial Conduct Authority (FCA) and Office of Gas & Electricity Markets (Ofgem) (Art. 102/C.II CA98).
  • Cartel, information-exchange and other behavioral investigations by the EC, CMA, Ofcom, FCA and Ofgem (Art.101/Ch.I CA98).
  • Other investigations by government agencies and regulators, including under the UK National Security & Investment Act 2021 and other national security/foreign investment (FDI) regimes, and under the public interest provisions of the Enterprise Act 2002, and EC State aid and UK subsidies rules.
  • Competition/regulatory appeals/judicial review, private damages claims and class actions before the Competition Appeal Tribunal (CAT)/courts.

During her secondment to a global financial institution, Davina led on antitrust and regulatory investigations. She has worked in Washington, D.C., where she represented technology, defence, shipping and pharmaceutical/life sciences companies on significant strategic transactions, produced an econometric study in the context of parallel United States/EU antitrust litigation and participated in International Competition Network merger control projects. She has also worked in Brussels and has been seconded to the UK communications regulator, where she worked on merger investigations and wrote the government’s study into digital TV and analogue switch-over.

Chambers UK commends Ms. Garrod for expressing “complex analysis in a commercial manner” for being “very knowledgeable and efficient” and “good at coordinating large amounts of data.” She is highlighted as an “excellent choice for clients.”

Representative Work

International Merger Control – Strategic Transactions

  • Represented Kingston Technology in its $18 billion acquisition of Toshiba Memory Corporation, alongside consortium members Bain Capital, SK Hynix, Hoya, Apple and Seagate Technology.
  • Represented Macquarie and Siemens in the creation of Calibrant JV, which originates, operates and finances Energy-as-a-Service (EaaS) projects.
  • Advised a major global airline on a complex joint venture requiring multiple merger clearances.
  • Advised a leading energy company owned by a Chinese state-owned enterprise (SOE) in multiple merger investigations into an acquisition of a global energy company.

International Merger Control – Financial Transactions

  • Representing Middle and Far Eastern sovereign wealth funds in an array of investments across sectors.
  • Representing a leading global private equity (PE) house on its $4.4 billion acquisition of GDS Travelport, requiring numerous merger approvals globally.
  • Representing a global financial institution on its $3 billion acquisition of Cubic Corporation, achieving multiple merger and national security/FDI approvals.
  • Representing a major activist investor in the disposal of its $2 billion stake in Clariant to SABIC.

Restructurings

  • Representing Apollo in the Chapter II bankruptcy (including $700 million debtor in possession (DIP) finance facility) and restructuring of Scandinavian Airlines (SAS).
  • Representing bondholders in the restructurings of Noble Corp, Valaris, Premier Oil and Seadrill Partners.
  • Representing bondholders in the restructuring of satellite operator Avanti Communications.
  • Advising a consortium of banks in the restructuring of Agrokor, the leading company in the Adria region comprising about 30 per cent of Croatian gross domestic product (GDP).
  • Representing 80 financial institutions holding c. $33 billion in bonds in the restructuring of the Icelandic banks, including advising on state aid.
  • Advised bondholders on competition/regulatory issues arising from the €1.8 billion restructuring of WIND Hellas, including advice in connection with EU merger control and proposed network-sharing agreements.

Third Party/Complainant – Transactional

  • Represented a complainant in the EC’s merger investigation into the proposed joint venture between Tata and ThyssenKrupp (c. €15 billion).
  • Represented an interested party in Fox’s attempted acquisitions of Sky, Disney’s $71 billion acquisition of Fox and Comcast’s acquisition of Sky.
  • Represented a global financial institution in Deutsche Börse’s attempted acquisitions of LSE (€29 billion) and New York Stock Exchange (NYSE)-listed Euronext (€9 billion).

EU/UK Abuse of Dominance Investigations

  • Representing a global technology platform in various EC Article 101 and 102 and UK CMA Chapter II antitrust investigations involving allegedly dominant digital ecosystems.
  • Representing a global platform-neutral digital services provider in EC investigations into data practices and app store activities.
  • Represented a global holder of standards essential patents (SEPs) in EC antitrust investigations of Samsung and Motorola.

National Security & Foreign Investment

  • Representing acquirers in more than a dozen investigations, including two call-ins, by the Secretary of State for the Department for Business, Energy and Industrial Strategy (BEIS) under the National Security & Investment Act 2021.
  • Representing acquirers, investors and targets across sectors on cross-border national security and foreign investment investigations in Europe and Australasia.
  • Advising investors on the Enterprise Act public interest regime and the incoming National Security & Investment Act 2021.
  • Part of an expert panel assisting the UK government on the National Security & Investment Act 2021.

EU/UK Cartel Investigations & Damages Claims

  • Defended a major Asian manufacturer in the EC’s cartel investigations relating to the automotive industry, including advising on leniency, settlement and follow-on damages claims.
  • Represented a global financial institution in the EC antitrust investigation into credit default swaps.
  • Represented a leading supermarket in a high-profile competition law damages action in the High Court against Visa for unlawful interchange fees contrary to Article 101(1) TFEU.

Digital Platforms & Ecosystems

  • Advising digital platforms on strategic market and gatekeeper status under incoming UK and EC (Digital Markets Act (DMA)) regimes.
  • Represented Piraeus and Alpha Banks on financial technology fintech transactions, including in relation to merchant acquiring services.
  • Advising a global platform on the European Digital Strategy, AI policy and CMA investigations into digital markets.
  • Represented a leading technology company on the creation of a full-function joint venture and patent pool.

Communications/Competition Law

  • Represented a leading investment bank in connection with all aspects of EU/UK telecoms investments, regulation (e.g., significant market power designations) and infrastructure roll-out.
  • Acted for an incumbent, vertically integrated communications operator in multiple jurisdictions on network-sharing, spectrum allocation, over-the-top (OTT) services and competition law.
  • Advising an investor in relation to pan-European telecoms consolidation (e.g. Liberty/Vodafone) and intra-country mobile network operator (MNO) consolidation (e.g. Hutchison/Telefonica UK).

EU/UK Regulatory/Compliance

  • Designed and implemented global competition law compliance programs for leading companies in the energy, technology, media and telecom (TMT), financial services, heavy industries, chemicals and health care/pharmaceutical sectors.
  • Counselling financial institutions, technology companies and trade associations on information-exchange, data-sharing and other forms of horizontal cooperation.
  • Advising corporates and financial institutions on all aspects of Brexit, including constitutional and legal challenges, and the evolution of the UK’s relationship with the EU.

"Davina is super knowledgeable about UK and EU competition law, and is fully conversant with the economics underpinning even the most novel theories of the day."
Chambers Global, 2022

Education
  • L.P.C., The College of Law, London, 1996

  • M.A., Trinity Hall, Cambridge, with honors, 1995

  • B.A., Trinity Hall, Cambridge, with honors, 1995

Bar Admissions
  • Ireland

  • Solicitor, England and Wales

Recognitions
  • Who's Who Legal, World Leading Practitioner in Foreign Investment Control, 2024.
  • Regulatory Investigations Lawyer of the Year in the United Kingdom – 2023.
  • Chambers UK, Competition Law, 2013–2024.
  • Chambers Global, Competition Law (UK), 2013–2023.
  • Chambers Europe, Competition Law (UK), 2013 to 2023.
  • The Legal 500 UK, Leading Individual: EU and Competition, 2022-2024, EU and Competition, 2013-2022.
  • Who’s Who Legal GCR World’s Leading Competition Lawyers, 2015–2023.
  • ‘Best in International Trade’ at Euromoney’s European Women in Business Law Awards 2020.
  • Euromoney’s World Leading Expert on Antitrust & Competition, 2016–2022.
  • Euromoney’s Expert Guide: Women in Business Law, “Leading Practitioner: Competition & Antitrust”, UK, 2016-2022.
  • SuperLawyers, 2013–2016.
  • The International Who’s Who of Competition Lawyers & Economists, 2013–2014.
  • Winner of Women in Law Awards, 2014, 2022.
Affiliations and Public Service
  • Law Society Competition Section Advisory Committee chairperson (2012, 2013)/member (2010-2023).
  • Council Member for EU Matters, Law Society of England & Wales, 2012 to 2017.
  • 100 Women in Finance.
  • Women’s Competition Network.
  • IBA Public Law Committee (2010-2014) Chairperson (2011).
  • ABA Antitrust Section (2003-2023).
  • Law Society Brexit Taskforce.
Speeches and Publications
  • Speaker, “Close Quarters – Antitrust Issues in New Financings & Amendments,” American College of Investment Counsel (ACIC) Annual Conference (New York), October 2023.
  • Chair, Keynote Panel “Understanding the risks that will need to be regulated as AI technology develops,” AI Regulation Summit (London), October 2023.
  • Chair, “Merger Control & Digital Markets: Ecosystems, and the interplay of the DMA and other digital regulations,” EU Merger Control Conference (Brussels), September 2023.
  • Speaker, “The Proliferation of Multijurisdictional Foreign Investment & National Security Regime,” University of Cambridge Lecture, August 2023.
  • Chair, “Review of EU Level Developments: Foreign Direct Investment Screening Mechanism & Proposals for Future Regulations” at the Foreign Direct Investment Regimes & Foreign Subsidies Regulation Conference (Brussels), June 2023.
  • Speaker, “Structural Issues in Law Firm Management,” Fordham University (New York), March 2023.
  • Chairperson, “UK Merger Control Developments – Substance, Jurisdiction, Procedure & JR” at the Annual Informa UK Competition Law Conference (London), February 2023.
  • Speaker, “Competition law and Digital Markets “LexisNexis event (London), February 2023.
  • Speaker, “Artificial Intelligence and Machine Learning: Regulating AI and the Coming Legal Issues” at the Akin Gump TechSpeak Series (Webinar), January 2023.
  • Speaker, “UK National Security & Investment Act Update” at the Law Society Competition Section Seminar (London), November 2022.
  • Speaker, “Foreign Investment Regimes and the NSIA,” Informa Competition Summer School, Downing College, Cambridge, August 2022.
  • Chair, “UK Merger Control Enforcement,” Law Society Annual Competition Conference, London, June 2022.
  • Chair, “Corporates’ and Investors’ Perspectives: Implications of FDI for M&A Activity,” Informa FDI & Foreign Subsidies Regimes Conference, Brussels, June 2022.
  • Presenter, “Navigating Shark-Infested Waters: Antitrust Considerations Involving Strategic M&A in Big Technology in the US and Europe,” Annual Technology Conference, University of Texas, May 2022.
  • Chair, “Merger Control, including current approaches to dynamic markets” Informa Annual UK Competition Conference, February 2022.
  • Speaker, “UK Competition Policy reform” at the Law Society Competition Section Seminar (London), February 2022.
  • Speaker, “The Rise of Class Actions in the UK and EU” at the Mondaq Webinar (London), February 2022.
  • Speaker, “The proposed reforms to the UK competition regime – Best in class?” at the Junior Competition Network Event (London, November 2021).
  • Presenter, “Multijurisdictional Merger Control & Foreign Investment Regimes” at the MBL Webinar (London, November 2021).
  • Speaker, “Transatlantic Developments in Competition Law and Enforcement” at the ABA/Law Society Seminar (London, NY, DC), October 2021.
  • Chair, “Merger Control in a Globalised World: Foreign Direct Investment & Proposals for Foreign Subsidies Regulation” at the Informa Annual EU Merger Control Conference (Brussels), September 2021.
  • Presenter, “UK National Security & Investment Act” with the Deputy Director of the Investment Security Unit (ISU) at the Law Society Competition Section Seminar (London), July 2021.
  • Presenter, “Q&A with the UK Competition & Markets Authority Chairman Jonathan Scott” at the Law Society’s Annual Summer Antitrust Conference (London), June 2021.
  • Presenter, “Transaction Negotiations, Information Exchanges & Gun-Jumping,” The Canadian Bar Association Seminar (Washington, DC/Toronto/London), April 2021.
  • Chair, “The UK Merger Assessment Guidelines & Mergers in the time of Covid,” Annual UK Competition Law Conference (London), February 2021.
  • Presenter, “Antitrust Trends in the Semiconductor Industry: A Review of Developments in the U.S., EU/UK and China,” General Counsel Roundtable, Semiconductor Industry Association, January 2021.
  • Speaker, “EU merger control and life after Brexit - the view from Brussels” at the Law Society Competition Section (London), July 2020.
  • Chair, “UK Competition Law Enforcement,” Law Society Annual Competition Conference, London, May 2020.
  • Chair, “Divergence and Alignment: The Rule of Law implications of the future relationship with the EU” at the British Institute of International & Comparative Law (London), March 2020.
  • Chair, “EC Investigations into Big Tech” at the EU Private Antitrust Enforcement Conference (Brussels), March 2020.
  • Chair, “UK Merger Control – Horizontal & Vertical Issues” at the Annual UK Competition Conference (London), February 2020.
  • Speaker, “Assessing Key Trends in M&A” at the IFLR European In-House Counsel Summit (London), February 2020.
  • Chair, “Mergers in the Digital Era” at the Advanced EC Competition Law Conference (Brussels), November 2019.
  • Speaker, ABA Seminar on Foreign Investment Reviews, Washington, D.C., July 2019.
  • Speaker, “Deciphering Chinese FDI in Europe,” European Forum on Foreign Investment Security Reviews & CFIUS, London, June 2019.
  • Speaker, Lawyers’ Without Borders Pro Bono Seminar for Namibian Government Prosecutors, Windhoek, June 2019.
  • Panelist, “Abuse of Dominance in Digital & Pharma Markets,” European Competition Lawyers’ Association Annual Conference, Prague, May 2019.
  • Panelist, “Managing Antitrust Risk in Private Equity Transactions,” Mourant Annual Funds Conference, London, May 2019.
  • Panelist, “Ask the Experts” Financial Times Brexit and Beyond Summit, London, May 2019.
  • Speaker, “Economic Nationalism, National Security & Merger Control,” Law Society Seminar, London, November 2018.
  • Chairperson, “UK Competition Law Enforcement,” Law Society Annual Competition Conference, London, May 2018.
  • Chair and Panelist, “Politicisation, Economic Nationalism and Merger Control,” EU Merger Control Conference, Brussels, May 2018.
  • Panelist, “The Impact of Economic Nationalism on International Trade, Investment and M&A,” London, November 2017.
  • Panelist, “The Impact of Economic Nationalism on International Trade, Investment and M&A,” Geneva, November 2017.
  • Speaker, “Legal Implications of BREXIT for the UK,” Federation des Barreaux D’Europe, May 2016.
  • Speaker, “Competition Law Nexus with Big Data, the EU General Protection Regulation and the EU-US Privacy Shield,” Washington, D.C., April 2016.
  • Speaker, “Antitrust Investigations: Google and Gazprom Cases,” Eurolawyer Conference, London, November 2015.
  • Speaker, “EU Competition and Privacy Nexus,” Federal Publications Seminar, Washington, D.C., November 2015.

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