EXPERIENCE

Highlights of matters on which Nicole has led include advising:

• Novozymes on global merger clearances in relation to its $17 billion merger with Chr. Hansen cleared with a global remedy;
• Viasat on the Competition and Markets Authority review of its $5.8 billion acquisition of Inmarsat plc unconditionally cleared by the CMA following a Phase II review;
• J Sainsbury plc on its attempted £7 billion merger with Asda and associated litigation in the Competition Appeal Tribunal;
• A global financial institution on the CMA’s investigation into alleged information exchange and follow on damages aspects;
• Amec Foster Wheeler plc on its £2.2 billion acquisition by John Wood Group plc, cleared by the CMA in Phase I with remedies;
• Generic pharmaceutical companies in relation to the CMA’s long running excessive pricing and conduct investigations and appeals to the Competition Appeal Tribunal;
• Dixons Retail plc on its merger with Carphone Warehouse, obtaining unconditional Phase I clearance from the European Commission;
• An oil major in relation to a successfully closed EU investigation in oil and gas benchmarks and U.S. follow-on damages aspects;
• Anglo American on the formation of the Lafarge/Tarmac JV : the largest Phase II investigation ever undertaken by the predecessor to the CMA; and
• The immunity applicant in the global marine hoses cartel which gave rise to the first UK prosecution of the criminal cartel offence.

Nicole is the Chair of the City of London Solicitors’ Competition Committee; a Specialist Adviser to the Department of Business and Trade Committee on National Security; a former specialist adviser to the Foreign Affairs Committee of the UK Parliament which reported on the UK National Security and Investment  Act; and was a committee member of the Regulatory Policy Committee within the Department of Business, Enterprise and Industrial Strategy.

Nicole frequently speaks on global, EU and UK competition law issues at major industry conferences. She is widely published and notable contributions include:

• “Sustainability and Competition in the UK,” Research Handbook on Sustainability and Competition Law, Edward Elgar, June-July 2024
• “Is the approach to ‘failing’ and ‘flailing’ firms in merger control fit for purpose?,” Research Handbook on Global Merger Control, Edward Elgar, May 2023
• “United Kingdom,” European Cartel Digest, Wolters Kluwer, 2023
• “CAT-led law: What does the exponential growth of private enforcement mean for public enforcement?,” Competition Appeal Tribunal Conference paper, May 2023
• “Outcomes in successful competition appeals: remittal, finality and certainty,” Competition Law Journal 2022, 21 (3)
• “Competition rules stymie co-operation on climate goals,” Financial Times, January 2020
• “A possible parting of the ways? Will Brexit mean doctrinal divergence between EU and UK competition law?” Competition Law Insight, July 2016
• “Competition risk: the issues for boards,” PLC Magazine, May 2015
• “In defence of rights of defence: The corporate’s right to counsel in UK Competition Act investigations,” Competition Law Journal 2014, 13 (4)
• Interlocking Directorates Handbook (Chapter), American Bar Association, 2011