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Chantal Encavey

Special Counsel
About

Chantal Encavey is a skilled regulatory disputes lawyer, with significant experience leading competition enforcement and public law litigation, both for agencies and responding parties. She has successfully conducted several precedent-setting competition law cases and managed complex group litigation in multiple jurisdictions.

Chantal also advises clients on improving regulatory outcomes and achieving cross-cutting benefits from litigation. This includes developing regulatory proposals for online communications services whist working at the UK’s Office of Communications, and advising in relation to the application of appeals procedures for digital platforms whilst at the Competition and Markets Authority.

EXPERIENCE

Competition and consumer enforcement

  • Ping v CMA (online sales ban) – successfully defended Court of Appeal challenge to anti-trust infringement decision against an online sales ban in Ping’s selective distribution system, creating new legal precedent.
  • CMA v Pfizer and Flynn (excessive pricing) – managed litigation and remittal in relation to Pfizer and Flynn’s alleged abuse of market dominance, clarifying the approach to market definition for medicines and the test for excessive pricing.
  • CMA v Viagogo (unfair terms) – managed consumer enforcement litigation relating to secondary ticketing and secured court rulings which facilitated voluntary commitments from Viagogo.
  • UK Big 4 Bank (information sharing) – represented bank in cross-border competition investigation by US Department of Justice relating to the sharing of pricing information, including leniency discussions.

Digital Platforms

  • Digital platforms – led cross-functional team in developing Ofcom’s policy and approach relating to online communications services, covering consumer rights and redress mechanisms, security and resilience, data protection and interoperability.

Competition damages litigation

  • Airfreight (price fixing cartel) – led Thai Airways’ defence to a multi-million pound group damages claim in the UK High Court based on the EU Commission’s cartel investigation.
  • Mastercard (anti-competitive agreement) – coordinated multi-million pound claim by Dixons across both the UK High Court and the Competition Appeal Tribunal, including settlement negotiations.

Education
  • London School of Economics, MSc Regulation, 2021
  • Kings College, PGDip EU Competition Law, 2016
  • Monash University, BA/LLB (Hons), 2006

Memberships And Affiliations

  • Law Council of Australia, Consumer Law Committee
  • Law Institute of Victoria

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