Alistair White

Alistair’s recent experience includes advising:

Merger and investment control

• A confidential client on its formation of three global public companies focused on particular growth sectors. Work is ongoing and involves advising on merger control and investment control in relation to one of the largest corporate reorganisations ever undertaken, including coordinating all global notifications.
• Warner Bros. Discovery, Inc. on its USD773 million sports broadcasting joint venture with the BT Group. Work included advising on the CMA’s Phase I investigation, with unconditional clearance being achieved in July 2022.
• John Menzies plc on its GBP571 million public takeover by Agility. Court approval was given in August 2022. Work involved advice regarding numerous merger control and investment control regimes.
• Phillip Morris on its USD1.45 billion public takeover of Vectura plc as well as its acquisition of Fertin Pharma for USD820 million. Both acquisitions completed during Q3 and Q4 2021. Work included advising on and coordinating all global merger and investment control notifications.
• Dechra Pharmaceuticals plc on its global acquisition of Elanco’s Osurnia business for USD135 million. The deal completed in July 2020. Advice covered notifications to the CMA, the Australian Competition and Consumer Commission and New Zealand’s Commerce Commission, all of whom cleared the transaction without conditions. Purchaser approval was also received from the European Commission in the context of its review of Elanco’s acquisition of Bayer Animal Health.
• John Menzies plc on its acquisition of Airline Services from Lloyds Development Capital. Work involved obtaining unconditional Phase II clearance from the CMA and advising on complex hold-separate arrangements. Clearance was achieved in January 2019.

Investigations and related appeals

• A confidential client on the CMA’s ongoing construction services investigation. Work involved advising on the CMA’s dawn raid in March 2019 as well as the subsequent investigation.
• A leading insurer on an ongoing investigation by the Romanian Competition Council regarding alleged anti-competitive behavior. Advice given from 2017 to date.
• Lupin on its ongoing appeal of the European Commission’s perindopril “pay for delay” decision, which imposed fines totaling EUR428 million on a number of pharmaceutical companies. This matter involved appeals to both the General Court of the European Union and European Court of Justice.
• Merck KGaA on its appeal to the Competition Appeal Tribunal of the CMA’s paroxetine “pay for delay” decision, which imposed fines totaling GBP45 million on a number of pharmaceutical companies. Alistair was an integral part of a team which achieved a 33% reduction to the fine imposed on Merck KGaA. As well as its appeal, Alistair also advised Merck KGaA on the Competition Appeal Tribunal’s reference to the European Court of Justice regarding the interpretation of a number of points of EU law (which was heard by the European Court of Justice in September 2019 and which, due to the UK’s exit from the European Union, was one of the last references from a UK court to the European courts) as well as its appeals to the General Court of the European Union and then the European Court of Justice of the European Commission’s citalopram “pay for delay” decision, which imposed fines totaling EUR146 million on several pharmaceutical companies (judgment handed down in March 2021).

Competition litigation

• A confidential client in an ongoing follow-on damages mediation relating to a CMA infringement decision. The claim was commenced in February 2021.
• Flybe on its appeal to the General Court of the European Union for partial annulment of the European Commission’s approval of a slot release agreement between British Airways and Flybe relating to commitments given in relation to the European Commission’s decision in IAG / BMI. The appeal was ultimately withdrawn in July 2021 for confidential reasons.
• A confidential client on follow-on damages claims being considered by a number of potential claimants in the Netherlands following a European Commission decision. Preliminary advice given during the course of 2019 and 2020.

Notable advisory matters

• The Premier League on regulatory issues relating to its sale of domestic and international broadcasting rights, including on the management of stakeholders. Advice given from 2016 to date. Alistair has also advised a number of other sports governing bodies on considerations relating to the sale of broadcasting rights.
• A leading media business on its interactions with the European Commission in the context of significant pan-European M&A activity in the broadcasting sector. Work, from 2016 to date, has included intervening in opposition of transactions and advising on numerous market questionnaires.