People

Marc joined the firm in 2001 and became a partner in 2004. He is head of our competition/EU group and has considerable experience in a wide range of antitrust work. He has been involved in some of the most high-profile cases in the UK in recent years in the fields of M&A, cartels and antitrust litigation.

Marc advises clients across a wide range of industry sectors, including a number active in the building materials, consumer goods and hi-tech industries. He also advises a large number of private equity houses on merger and joint venture projects, as well as on cartel-related matters affecting their portfolio companies.

Much of Marc's work involves dealing with cross-border cases (both for UK and overseas clients) and he regularly represents clients before the UK and European competition authorities, and has also appeared before the UK and European courts in competition cases.

Marc has been involved in many high-profile merger investigations before the Office of Fair Trading (OFT) and Competition Commission in the UK, and the European Commission.

Highlighted cases, some of which established legal precedents now reflected in guidance published by the relevant antitrust agencies, include advising:

• BATS Global Markets Inc. on its acquisition of Chi-X to create the largest pan-European equities trading platform, which was cleared unconditionally by the Competition Commission following an in-depth review;
• DC Thomson on its acquisition of Friends Reunited from ITV, which was cleared unconditionally by the Competition Commission following an in-depth review;
• Virgin Group in connection with BSkyB's acquisition of 17.9 per cent of ITV, securing the first ever 'media public interest intervention notice' from the Secretary of State;
• on securing unconditional clearance from the Competition Commission in connection with the acquisition by HMV/Waterstone's of Ottakars, a case that generated adverse comment from over 400 third parties, the largest number of complaints ever on any UK merger case;
• Pernod Ricard on its acquisitions of Allied Domecq (a UK listed company) and, subsequently, Vin & Sprit (owner of the Absolut vodka brand) from the Swedish government. Both cases required approval from the European Commission and numerous other competition authorities around the world;
• IBA Health on the ground-breaking IBA Health Limited v OFT case before both the Competition Appeal Tribunal and the Court of Appeal. This was the first successful appeal of a merger clearance decision under the Enterprise Act, a decision that continues to have wide-ranging implications for UK merger control procedure and the way in which the OFT has approached subsequent cases;
• First Quench, owner of several chains of off-licences in the UK, in connection with the OFT's tobacco cartel investigation. This was one of the first cases to be settled using the OFT's 'early resolution' procedure as a result of which the tactics adopted resulted in a significant reduction in the penalty imposed on First Quench;
• Erikem Luxembourg in connection with the European Commission's cartel investigation into sodium chlorate. As a result of Macfarlanes' tactics Erikem Luxembourg benefited from the maximum reduction in the fine imposed even though another party had applied for leniency ahead of it; and
• a number of clients on actions for damages resulting from cartel decisions and alleged abuse of dominance.