Practice & Background

Recognized for her “encyclopedic understanding of competition and merger control laws” (Legal 500), Davina Garrod advises multinationals, corporates and financial institutions on mergers, acquisitions, joint ventures, strategic alliances and restructurings. With more than 20 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, she advises some of the largest hedge funds, PE houses and banks in the world in the context of Event-Driven/Special Situations (transactional and contentious).

Ms. Garrod also advises clients on technology transfer/IP licensing, cartel (Article 101/Ch.I) and other behavioral (Article 102/Ch.II) investigations; investigations by government agencies and regulators, including EU State aid; and anti-corruption investigations. She also litigates before the European and English  courts and provides strategic and regulatory EU/U.K. law advice in connection with, inter alia, energy, financial services, IP/technology, telecommunications, cybersecurity, privacy and data protection, and the U.K.’s Treaty obligations and evolving relationship in and with the EU.

Ms. Garrod was seconded to a hedge fund during the Global Financial Crisis. She has worked in Washington, D.C., where she provided U.S. antitrust advice on a number of deals, produced an econometric study in the context of parallel U.S./EU antitrust litigation and participated in International Competition Network merger control projects. She has also worked in Brussels. She was seconded to the U.K. broadcasting regulator, where she worked on several Competition Commission 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” and for being “good at coordinating large amounts of data.” She is highlighted as an “excellent choice for clients” and is the Member for EU Matters on the Council of the Law Society of England & Wales. She is also recognized in Legal 500, Chambers Europe, and WWL Global Competition Review, and is a winner of the Women in Law Awards 2014.

Representative Matters

International Merger Control/Transactional

  • representing an international media and investment house on its sale to a Chinese SOE
  • representing a global Asian technology company on the acquisition of a North American technology company
  • advising Bridas Corporation on the multijurisdictional merger control issues and approvals required in the formation of an integrated energy company through the combination of Bridas and BP’s interests in an oil and gas producer, and a refiner and marketer
  • advising a leading international investment bank on investment opportunities and transactions in the TMT space, including in “4-3” mobile mergers (e.g. Telia/Telenor (Denmark) JV, Hutchison/O2)
  • advising global energy companies on the multijurisdictional merger control implications and filings in relation to restructurings, acquisitions and joint ventures
  • representing pharmaceutical (originator and generic) companies in mergers and acquisitions in EMEA
  • representing a sovereign wealth fund in connection with acquisitions in the TMT space in Europe
  • advising a leading global private equity firm on cross-border acquisitions and disposals, and the international antitrust implications and investigations
  • representing a global investment bank on the acquisition of an IT/tech company
  • representing a consortium of private equity investors in the restructuring of a major energy company, including multijurisdictional merger clearances
  • representing a leading European pharmaceutical company in the acquisition of a major competitor
  • representing the owners of an insurance undertaking in the sale of the businesses to a competitor
  • representing a restructured US financial institution in the acquisition of a commercial distribution financing group and obtaining all multijurisdictional merger clearances
  • representing a global private equity house on the international antitrust issues and approvals in relation to its acquisition of an international automotive company
  • advising a leading Russian energy company on the disposal of an oil & gas business to a Russian State-owned energy conglomerate
  • advising a Japanese conglomerate on all international antitrust issues arising from several conjoined joint ventures in the energy sector
  • representation in the merger control investigations into Priceline’s $2 billion acquisition of Kayak, a leading travel search engine
  • representing J.P. Morgan in the European Commission investigation of its acquisition of a major European food manufacturer
  • representing a major complainant in the European Commission’s Phase II merger control investigation of Deutsche Bank’s attempted €9.5 billion acquisition of NYSE Euronext
  • advising a consortia of private equity and hedge funds in relation to the EC State aid and merger control implications of restructurings of several systemically important Irish, UK and German banks, including Anglo Irish, HVB and RBS
  • advising a leading global private equity house on the multijurisdictional and substantive merger control implications of a hostile acquisition of a multinational packaging company
  • advising Goldman Sachs on the acquisition of an international commodities trading business
  • advising Morgan Stanley on various acquisitions in the energy sector
  • advising the noteholders on the competition law issues arising from the €1.3 billion financial restructuring of the Quinn Group, one of the largest conglomerates based in Ireland
  • advising a U.S.-based distressed debt firm on merger control in connection with the £500 million restructuring of Crest Nicholson Holdings Limited, the parent of one of the U.K.’s largest house-builder groups
  • providing competition law advice to the mezzanine consortium, headed by Apollo, Cerberus, Park Square Capital and Goldman Sachs, on the £2.6 billion restructuring of Britain’s largest betting and gaming group, the Gala Coral Group
  • advising investors on the breakup of ABN Amro and various other cross-border European banking mergers
  • advising a third party in the multijurisdictional merger control investigations of BHP’s attempted $149 billion acquisition of Rio Tinto, and the subsequent attempted transactions
  • advising Degussa, a chemical conglomerate, on the merger control aspects of various transactions
  • representing Perkin Elmer in the European Commission’s merger control investigation of Agilent’s $1.5 billion acquisition of Varian Inc., a leading scientific instrument manufacturer, and obtaining remedies.

Competition Litigation/Government Investigations

  • representing a global technology company in various EC Article 101 and 102 TFEU antitrust investigations involving allegedly dominant companies and platforms
  • representing 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
  • defending 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
  • representing a leading financial institution in the European Commission’s Article 101 and 102 TFEU antitrust investigations into Credit Default Swaps, and concomitant litigation
  • advising sovereign wealth funds on various EU/competition claims against the Portuguese State-owned financial institution
  • advising a leading provider of art recovery services in an antitrust complaint to the Competition & Markets Authority
  • advising an investor in a top Premier League Club on the implications of EC antitrust investigations into broadcasting rights to sports and other premium content representing a major insurance company in State aid litigation before the national courts and a concomitant Article 267 TFEU reference request
  • advising a global investment bank on the EC’s antitrust investigations into Japanese/Euro derivatives markets
  • advising an international oil and gas company on all aspects of several EC cartel investigations, including internal audits, “dawn raids” and representation in proceedings
  • advising an international IT company on the operation of the “adequate procedures” defense under the Bribery Act 2010
  • advising investors on the criminal anti-corruption investigations of NewsCorp
  • advising a global bondholder group in respect of the State aid investigations into the nationalization and restructuring of three major Icelandic banks—Kaupthing, Landsbanki and Glitnir (the second largest insolvency in the world)—and concomitant EU law challenges to the Icelandic government’s emergency legislation
  • advising Olympus in connection with multijurisdictional anti-corruption investigations
  • representing Merrill Lynch in the EU sector antitrust inquiry into energy trading
  • representing a major electronic retailer before the U.K. Competition Appeals Tribunal in connection with the UK OFT investigation into the salient industry
  • defending an IT company in relation to litigious Article 102 TFEU/Chapter II CA98 claims
  • representing an intervener before the EU Courts in Luxembourg in appeals relating to Bayer’s parallel trading activities in connection with “Adalat”

Communications/Competition Law

  • representing a leading investment bank in connection with all aspects of EU/UK telecoms regulation, and revisions thereto
  • representing an incumbent, vertically integrated communications operator in multiple jurisdictions on network-sharing, spectrum allocation, OTT services and competition law
  • advising 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
  • advising on the application of all aspects of the EU regulatory framework for electronic communications and the Digital Agenda, including EC proposals to enhance broadband rollout and access, and the implications of the EU Roaming Regulation
  • advising investors on the implications of phone-hacking under RIPA/data protection laws
  • advising bondholders on the competition and regulatory implications of the restructuring of Bulgarian telecommunications incumbent Vivacom
  • advising a leading global wireless technology/innovation company in connection with Article 101/102 TFEU
  • representing investors in EC and Member State merger control investigations of Hutchison/Orange, Telekom Austria/Yesss!, Vodafone/KDG and Telefonica/E-Plus
  • advising an incumbent European telecommunications company on spectrum auction and frequency allocation issues, SMP designations and MVNOs
  • providing competition and regulatory advice to bondholders in the restructuring of Damovo, an international telecommunications consultancy
  • defending a Bulgarian telecommunication company against antitrust and regulatory infringement allegations (including margin squeeze and price discrimination) before national antitrust and telecommunications regulators
  • advising investors in connection with the Portuguese government’s “Golden Share” in Portugal Telecom, including EU infringement proceedings
  • advising Formula One Management on the EC’s market investigation into the marketing of sports rights over new media (in particular 3G)

IP/Technology Licensing and Distribution/Pricing

  • advising a leading search engine in connection with competition law and privacy
  • representing a leading technology company on the creation of a full-function joint venture and patent pool
  • advising a major global technology company in connection with the European Commission’s antitrust investigations of Samsung and Motorola
  • advising a leading technology innovator regarding the EC’s evolving approach to the exercise of Standards Essential Patents (“SEPs”)
  • representing a major technology company in relation to the commercialization of its IP and the reform of the EC block exemption and guidance on technology transfer
  • advising Nike on licensing agreements with Manchester United/other clubs
  • advising a leading technology firm on the application of the U.K. Competition Act Chapter I and II prohibitions (and EU law) relating to pricing, rebates, discounting, category management, auction bids and other proposed commercial practices
  • counseling a major manufacturer of audio technology/hardware on the application of the EU/U.K. prohibition on resale price maintenance in the bricks and mortar and online contexts, retail MFNs, price parity and commercial strategies regarding discounting
  • devising selective distribution strategies and networks for a major technology manufacturer and a leading luxury goods company in EMEA
  • devising and implementing antitrust and anti-corruption compliance programs for numerous clients across sectors

EU/UK Regulatory/Compliance

  • designing and implementing comprehensive competition law compliance programmes for leading companies in the energy, TMT, industrials and healthcare/pharmaceutical sectors
  • advising technology firms and financial institutions on the implications of the Schrems ruling on the EU-US Safe Harbour and cross-border data transfers
  • advising a major global tech firm on the nexus between competition law and data privacy/cybersecurity
  • advising energy companies on the continued liberalization of markets and concomitant regulation
  • advising a leading technology company on the EU General Data Protection Regulation and privacy issues
  • advising a financial institution on EU Treaty and other EU/U.K. legal issues relating to Sovereign Debt, potential Eurozone dismantlement, the ESM, SSM and SRM
  • representation in relation to EU legislation (and binding technical standards) relating to the European Market Infrastructures Regulation, the Bank Resolution Directive and SSM, the proposed Financial Transaction Tax (“FTT”), MiFID II/MiFIR and OTC derivatives policy and practice
  • representing a hedge fund in connection with increasing EU regulation of alternative investment activities, including proposed rules on remuneration, short-selling and the new EU supervisory architecture
  • advising on export control issues for Airbus
  • advising various clients on the application of WEEE and RoHS Directives
  • advising Areva on nuclear liabilities and decommissioning under the relevant U.K. legislation.

Awards & Accolades

  • Chambers Global, Competition Law (UK), 2013-2017
  • Chambers Europe, Competition Law (UK), 2013-2017
  • Chambers UK, Competition Law, 2013-2017
  • Legal 500, EU and Competition, 2013-2017
  • Who’s Who Legal GCR World’s Leading Competition Lawyers, 2015 - 2017
  • Who’s Who Legal: Thought Leaders – Brexit, 2017
  • Euromoney World Leading Expert on Antitrust & Competition, 2016
  • SuperLawyers, 2013–2016
  • The International Who’s Who of Competition Lawyers & Economists, 2013–2014
  • Winner of Women in Law Awards, 2014
  • Chair of the International Bar Association Public Law Committee, 2014
  • Law Society of England & Wales Council Member for EU Matters, 2012–2017
  • Chairman of Law Society Competition Section, 2012–2013

Speaking Engagements

  • Speaker on the Legal Implications of BREXIT for the UK at a Seminar hosted by the FEDERATION DES BARREAUX D’EUROPE, May 2016
  • Speaker on the competition law nexus with Big Data, the EU General Data Protection Regulation and the EU-US Privacy Shield, Washington DC, April 2016
  • Speaker on “Antitrust Investigations: Google and Gazprom cases” at the Eurolawyer conference, London, November 2015
  • Speaker on “EU Competition and Privacy Nexus“ at the Federal Publications Seminar, Washington DC, November 2015
  • Panelist, “EU Bail-in Directive and Distressed Opportunities,” Barclays Annual Special Situations Conference, London, November 2014
  • Chair, MEP Hustings, Bristol, May 2014
  • Opening Speaker, Annual Competition Law Conference at the Law Society, May 2014
  • Panel Member, All-Party Parliamentary Group for European Reform, Parliamentary Hearing, House of Commons, June 2013
  • Speaker, “Competition Law Issues in On-line trading: MFNs and Parity Pricing,” Law Society Annual Competition Conference, London, May 2013
  • Co-chair, IP, Standards and Antitrust: Injunctive relief, FRAND and other live issues in law and practice, The Law Society's Competition Section, London, April 2013
  • Panelist, “March Antitrust Update for In-House Counsel—International Developments,” American Bar Association Antitrust Section Corporate Counseling Committee Teleconference, March 2013
  • Co-chair, “U.K. OFT Merger Control Decisions, Practice and Procedure: A Year in Review, and Beyond,” The Law Society's Competition Law Seminar, London, March 2013
  • Panelist, “The Challenges of Bringing Competition Law Damages Claims in the English Courts,” Law Society of England and Wales, January 2013
  • Speaker, “Derivatives/Post Trade Tradetech Conference,” London, September 2012
  • Speaker, “Sectoral Tribunals, Due Process and Facts: Do the Non-Lawyers Have Too Much Say?,” International Bar Association’s 2010 Annual Conference, Public Law Committee, Vancouver, October 2010
  • Panelist, “What You Need to Know About the U.S. Financial Reform, Boston, Mass. and New York,” New York, 2010
  • Speaker, “Restructuring the Business of Hedge Fund Management,” 2010 Practitioners’ Forum on Hedge Fund Regulation, Reporting & Controls, London, February 2010
  • Panelist, “Hedge Fund Transparency: Identifying Quality Opportunities for Investment,” IMN’s 9th Annual UK & Irish Pension & Investing Summit Conference, Dublin, November 2009
  • Panelist, “Industry Feedback on Regulatory Changes: How Does the Industry Envisage the Impact of the Changes on Cost, Operations & Finance,” GAIM Ops Europe Conference, Geneva, November 2009
  • Panelist, “Hedge Fund Industry Views on the AIFM Directive,” Regulation of Alternative Investment Fund Managers Informa, London, October 2009
  • Panelist, “AIFM Directive in Perspective,” The First AIFM Annual Conference, Luxembourg, September 2009
  • Presenter, “Managing the Merger Review Process in Cross-Border Transactions,” EC Competition Law Summer School, August 2008.