Biography

David Henry is a practising UK barrister and senior associate in the international law firm of McDermott Will & Emery, based in its Brussels office. His practice focuses on European competition law including merger control, cartels and abuse of dominance and the interaction between antitrust and intellectual property. His clients include companies and trade associations in the air transport, chemicals, electronics, medical devices, pharmaceuticals, food retailing and financial services and payment systems sectors. He also advises clients in proceedings before the European courts and national competition authorities. David also has considerable experience in export control matters, dispute resolution and white collar crime.

David has spoken and written extensively on competition law. He has recently co-authored a book on EU competition law damages actions, due to be published at the end of 2013. His recent writing has also led to winning an award for the Best Business Economics Article – Antitrust Writing Awards 2012.

David has worked as a research fellow in the field of EU competition law at Liège University and has also worked at the European Parliament in Brussels. He is a Diplock Scholar of the Middle Temple in London and an EU inter-institutional competition laureate. He completed a pupillage at a leading set of commercial chambers in London. Before joining the firm, David worked as an associate at another leading international competition law practice in Brussels.

His representative experience includes, for example:

  • Representation of a telecommunications company in the European Commission’s investigation concerning alleged abuse of dominant position
  • Representation of a global IT company in the European Commission’s investigation concerning alleged abuse of a dominant position
  • Representation of generic companies in European Commission investigation concerning reverse payment settlement cases
  • Representation of a large European corporation in an on-going cartel investigation initiated by the Bundeskartellamt
  • Representing chemicals companies in gaining clearance of a JV transaction at EU level
  • Representing various large corporations in gaining merger clearance before the Bundeskartellamt

Publications

  • “Competition Damages Actions in the EU: Law and Practice”, co-written with David Ashton, Edward Elgar, forthcoming.
  • “Bricks, Beer and Shoes: Indirect Purchaser Standing in the European Union and the United States”, co-written with Andrea Hamilton, (2012) 5 Global Competition Litigation Review 3 111.
  • “Vertical Restraints under EU Competition Law: Conceptual Foundations and Practical Framework”, 2010, co-written with Professor Nicolas Petit in Vertical Restraints and Distribution Agreements under EU Competition Law, Charles Gheur and Nicolas Petit (Eds.) 2011.
  • “Case C-360/90 Pfleiderer / Bundeskartellamt: Leniency programmes at risk?”, Competition Law Insight, December 2010.
  • “Why the EU Merger Regulation should not Enjoy a Monopoly over Tacit Collusion – A Close Look at Five Common Misconceptions”, co-written with Professor Nicolas Petit in Changes in Competition Policy over the Last Two Decades, Dr Małgorzata Krasnodębska-Tomkiel (Ed.), 2010.
  • “Abuse of Dominance in the Postal Sector – The Contribution of the Guidance Paper on Article 82 EC”, co-written with Professor Damien Geradin in Heightening Competition in the Postal and Delivery Sector, M. Crew and P. Kleindorfer (ed), Edward Elgar, 2010.
  • “Extraterritoriality, Comity and Co-operation in EC Competition Law”, co-written with Professor Damien Geradin and Marc Reysen, in Cooperation, Comity, and Competition Policy, Oxford University Press, 2010.
  • “Regulatory and Competition Law Remedies in the Postal Sector” in Remedies in Network Industries: EC Competition Law vs. Sector Specific Regulation, co-written with Professor Damien Geradin, D. Geradin (ed), Intersentia, 2004.
  • “Competition Law in the New Member States, Where do we come from? Where do we go?” in Modernisation and Enlargement: Two Major Challenges for EC Competition Law, co-written with Professor Damien Geradin, D. Geradin (ed), Intersentia, 2005.
  • “Leniency Programmes: An Anaemic Carrot for Cartels in France, Germany and the UK?” European Competition Law Review, January 2005.
  • “The EC Fining Policy for Violations of Competition Law: An Empirical Review of the Commission’s Decisional Practice and the Community Courts’ Judgments”, co-written with Professor Damien Geradin, (2005) 1 European Competition Journal 401.
  • “Provimi v Aventis: The UK to become a Forum Shoppers’ Paradise?” European Current Law, July 2004.
  • “The Bayer Judgment: To Agree or not to Agree”, EU Focus (Essential Developments in EU Law and Policy, Issue 140, March, 2004.
  • “Joint Selling of Football Media Rights - Have we Reached a Level Playing Field?” EU Focus, November 2004.
  • “Clearing and Settling Access to Clearing and Settlement in the EU”, (2006) 17 European Business Law Review 999.
  • “Les amendes de la Commission en droit de la concurrence face à la censure du juge européen, (2006) 42 Cahiers de droit européen 35.
  • Contributor to E-Concurrences e.g. “UK Court of Appeal holds that compensatory damages are adequate and that a restitutionary reward is not available following a finding that the competition rules have been breached (Devenish Nutrition Limited vs Anofi-Aventis SA (France) & Ors)”, 14 October 2008, e-Competitions, no. 24277.

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Areas of Practice

Competition
  • Education

    Inns of Court School of Law, London, Bar Vocational Course
    College of Europe, Bruges, LLM in European Community Law
    King's College, London, LLB with European Legal Studies
    Ruprecht-Karls-Universität, Heidelberg, Diploma in German/EU Law