Helen Crossley

Helen is Of Counsel in the Antitrust & Foreign Investment Group based in London. She has over 20 years’ experience advising on a wide range of UK and EU competition matters including complex mergers, market investigations, cartel investigations, litigation (including successful appeals before the Competition Appeal Tribunal in the UK) and compliance matters.

Helen advises clients across a range of sectors and has particular expertise in retail, consumer goods, energy / infrastructure and insurance industries. She regularly advises FTSE 100 corporates at board level. She is a former recipient of the Europe Women in Business “Rising Star” award, and has spent time on client secondment to BP plc and overseas secondment to our Brussels office.

Helen oversees mentoring and recruitment for the London Antitrust & Foreign Investment group with a focus on recruiting and retaining a diverse and happy team that has the tools and flexibility for every individual to maximise their potential.

Work Highlights

• JD Sports: advising in relation to the CMA’s investigations into the supply of Rangers and Leicester replica football kit, in relation to which JD Sports was a successful leniency applicant
• JD Sports: advising on the CMA’s phase 2 review of its acquisition of Footasylum, including a successful judicial review before the Competition Appeal Tribunal.
• J Sainsbury plc: advising on its proposed merger with Asda, including playing an instrumental role in Sainsbury’s successful judicial review application on procedural grounds mid-way through the merger review.
• J Sainsbury plc and McKesson: advising jointly in relation to the CMA’s Phase 2 review of McKesson’s acquisition of Sainsbury’s UK pharmacy business, cleared subject to a small number of divestments.
• Advising clients in relation to market studies and market investigations, including the supply of road fuel, investment and corporate banking, private healthcare, credit cards and groceries. 
  

Markets

• BP plc: advising on the CMA’s market study into the supply of road fuel
• Barclays: advising on the FCA’s credit cards market study.
• A major bank: advising on the FCA’s market study into investment and corporate banking.
• AXA Health: advising on the CMA’s market investigation into private healthcare (and subsequent appeals before the CAT).
• J Sainsbury plc: advising on all aspects of the UK groceries market investigation, and the remedies that flowed from this. 

Cartels 

• JD Sports: advising in relation to the CMA’s investigations into the supply of Rangers and Leicester replica football kit, in relation to which JD Sports was a successful leniency applicant 
• Advising clients in relation to potential enforcement action by the Financial Conduct Authority.  
• J Sainsbury plc: advising on the OFT’s investigation into retail price initiatives in the dairy sector.
• J Sainsbury plc: advising on the OFT’s investigation into suspected infringements of the Competition Act in relation to a range of grocery products, which was ultimately closed without a statement of objections.

Advisory 

• JD Sports, ComparetheMarket, BP plc, AXA PPP, Sainsbury’s and others: advising on a range of issues including distribution issues and joint ventures.

Litigation

• JD Sports: advising on its application to overturn the CMA’s findings in relation to its acquisition of Footasylum, and its separate appeal of a fine imposed by the CMA for an alleged breach of an interim enforcement order.
• AXA Health: advising on the judicial review proceedings before the Competition Appeal Tribunal that resulted from the CMA’s private healthcare market investigation.
• J Sainsbury plc: advising on Morrisons’ failed attempt before the Competition Appeal Tribunal to secure interim measures for the Competition Commission’s investigation of Tesco’s acquisition of the former Cooperative store in Slough. Sainsbury’s was ultimately successful in its bid to purchase the site. Also advising on its successful judicial review application on procedural grounds during the CMA’s review of the proposed merger with Asda.

Helen graduated from Christ Church, Oxford with an undergradate degree in Law with Law Studies in Europe (French Law). Helen also holds a Postgraduate Diploma in Competition Law from Kings College, London.

Paper prepared for Competition Appeal Tribunal 20^th Anniversary Conference CAT-led law: What does the exponential growth of private enforcement mean for public enforcement? (with Nicole Kar, James Hennah and Verity Egerton-Doyle)

Competition Law Journal: Outcomes in successful competition appeals: remittal, finality and certainty (with Nicole Kar)