Best Antitrust Lawyers in Aberdeen

About Antitrust Law in Aberdeen, United Kingdom

In the United Kingdom, antitrust law is commonly called competition law. It is designed to keep markets fair and open by prohibiting anti-competitive agreements, stopping abuse of market dominance, reviewing mergers that could harm competition, and investigating markets where competition may not be working well. Aberdeen sits within the Scottish legal system, but competition policy and enforcement are UK-wide. The Competition and Markets Authority, often called the CMA, leads enforcement and has a presence in Scotland. The Competition Appeal Tribunal, often called the CAT, hears appeals and private damages claims and can sit in Scotland.

Aberdeen has distinctive industries such as energy, engineering, ports and logistics, fisheries, food and drink, and construction. Competition issues can arise in these sectors through supply chain coordination, joint ventures, information sharing, bidding for public and private tenders, and consolidation. UK competition rules apply to businesses of all sizes, from local contractors to multinational operators based in or trading through Aberdeen.

Why You May Need a Lawyer

You may need specialist legal help if your business receives a CMA information request, dawn raid, or notice of investigation. Early legal advice helps you preserve legal privilege, protect your rights, and cooperate lawfully without harming your position.

Legal advice is valuable when structuring collaborations such as joint ventures, research and development projects, and information sharing, which can be beneficial but risky if they restrict competition. A lawyer can assess whether your agreements comply with the Competition Act 1998 and relevant block exemptions, and can help tailor distribution, franchise, and supply agreements to reduce risk.

If your company may hold a strong market position, a lawyer can assess potential dominance and advise on pricing, exclusivity, rebates, refusals to supply, and interoperability. Getting this wrong can create large civil penalties and private damages exposure.

Merger and acquisition activity often requires UK competition analysis. A lawyer can determine whether a deal is likely to be reviewed by the CMA, manage any notification, and design hold-separate protocols and remedies if needed. This is particularly important for deals in concentrated local or national markets connected to Aberdeen.

If you suspect anti-competitive conduct by others, a lawyer can help you engage with the CMA, seek interim measures, or pursue private damages in the CAT or the Scottish courts. If your company has been involved in a potential cartel, counsel can assess eligibility for leniency and immunity, manage internal investigations, and mitigate criminal and civil risk.

Public procurement is a regular feature of business in Aberdeen. If you bid for local authority or public body tenders, a lawyer can advise on avoiding bid-rigging risks and responding if you encounter suspicious patterns in tenders.

Local Laws Overview

The key UK statutes are the Competition Act 1998 and the Enterprise Act 2002. The Competition Act prohibits anti-competitive agreements, sometimes called the Chapter I prohibition, and abuse of a dominant position, called the Chapter II prohibition. Fines can reach up to 10 percent of worldwide group turnover, and individuals can face director disqualification for up to 15 years.

The Enterprise Act covers criminal cartel enforcement, merger control, and market investigations. Certain hard-core cartel conduct, such as price fixing, market sharing, bid rigging, and limiting supply, may be a criminal offence for individuals, with potential imprisonment of up to 5 years and unlimited fines. The Act also sets the jurisdictional tests the CMA uses to review mergers, and empowers the CMA to require information, issue interim hold-separate orders, and impose penalties for non-compliance.

The Digital Markets, Competition and Consumers Act 2024 strengthens competition and consumer enforcement and creates a new regime for large digital platforms designated with strategic market status. Most small and medium businesses will encounter this regime indirectly, for example through updated consumer protection and platform conduct rules, while larger platforms may have direct obligations overseen by the CMA.

Private actions for damages are available in the CAT and in the Scottish courts. The Consumer Rights Act 2015 expanded access to redress, including collective proceedings in the CAT. In Scotland, prescription rules typically provide a 5 year period to bring a competition damages claim measured from the point when the claimant knew, or could reasonably have known, of the infringement, the loss, and the identity of the responsible party, with the period suspended during investigations and for a time after a final infringement decision. You should obtain advice on how these rules apply to your situation.

Sector regulators such as Ofgem, Ofcom, the Financial Conduct Authority, the Civil Aviation Authority, and the Office of Rail and Road have concurrent competition powers with the CMA. Energy and utilities issues are often relevant for Aberdeen businesses. Public bodies in Scotland, including Aberdeen City Council and NHS bodies, must operate procurement and subsidy processes in a way that is consistent with competition principles. The Subsidy Control Act 2022 governs how public bodies award subsidies across the UK.

Although the UK has left the EU, EU competition law can still matter for cross-border conduct that affects trade within the EU. Parallel UK and EU reviews can occur in mergers and cartel investigations involving both jurisdictions. Pre-Brexit EU case law remains influential in UK competition cases unless and until departed from by UK courts.

Frequently Asked Questions

What counts as a cartel under UK law

A cartel is usually a secret agreement between competitors to fix prices, share markets or customers, rig bids, or limit output. These hard-core agreements are almost always illegal and can lead to heavy fines, criminal prosecution of individuals, and director disqualification.

Is it illegal to coordinate on a single tender or quote

Yes if competitors agree who will bid, agree bid prices, submit cover bids, or rotate winning bids. Legitimate joint bidding may be possible where parties could not bid independently and the collaboration is necessary and proportionate. Legal advice is essential before teaming up with a competitor on a tender.

Are non-compete and exclusivity clauses allowed in distribution agreements

They can be lawful if they are limited in scope, duration, and market coverage, and if the parties are not dominant. Certain restrictions, such as fixing resale prices, are high risk. UK competition rules include block exemptions and guidance that help assess typical vertical restraints. Tailored drafting and evidence of pro-competitive benefits are important.

How do I know if my company is dominant

Dominance is about market power, not size alone. A share around or above 40 percent can indicate potential dominance, but market definition, barriers to entry, buyer power, and actual competitive constraints matter. A focused assessment is needed for local Aberdeen markets where geographic scope may be narrow, for example ports, waste services, or local construction materials.

What happens during a CMA dawn raid

The CMA may arrive without notice to search business premises and copy documents. They will show legal authority and may interview staff. You must cooperate, preserve documents, and avoid obstructing the inspection. You should contact your lawyer immediately, coordinate a response team, and assert legal privilege where appropriate.

Do I have to notify a merger to the CMA

UK merger notification is voluntary, but the CMA can review completed and anticipated transactions that meet jurisdictional tests. Many deals benefit from engagement with the CMA to avoid disruption by interim orders or a later investigation. Early assessment is essential for deals in concentrated or sensitive sectors connected to Aberdeen.

Can the CMA investigate a business based outside the UK

Yes if the conduct affects competition within the UK. The CMA often investigates international cartels and cross-border mergers and can cooperate with other authorities. UK orders and penalties can apply to overseas companies with UK activities or effects.

How long do I have to bring a competition damages claim in Scotland

There is typically a 5 year prescription period running from when you knew, or could reasonably have known, of the infringement, the loss, and who caused it. The period is suspended during official investigations and for a defined time after a final infringement decision. Get advice quickly to protect your claim.

Can we apply for leniency if we discover a cartel in our business

Yes. Leniency is available from the CMA for the first and sometimes subsequent applicants who report and cooperate with an investigation. It can lead to immunity or a significant reduction in fines and protection for individuals from criminal prosecution. Speed and thorough internal scoping are critical.

How does the digital markets regime affect small and medium businesses in Aberdeen

Most obligations under the new regime target large platforms designated with strategic market status. However, all businesses are affected by strengthened consumer enforcement and updates to unfair commercial practices rules. Suppliers that rely on large platforms should watch for new conduct requirements that may change contractual and technical interfaces.

Additional Resources

Competition and Markets Authority, including guidance on investigations, leniency, mergers, and market studies.

Competition Appeal Tribunal for appeals, collective proceedings, and private damages actions.

Law Society of Scotland for finding solicitors experienced in competition and regulatory law.

Citizens Advice Scotland for consumer-facing information and referrals.

Business Gateway Aberdeen City and Shire for general business compliance support and signposting.

Relevant sector regulators, such as Ofgem for gas and electricity, Ofcom for communications, the Financial Conduct Authority for financial services, the Civil Aviation Authority for aviation, and the Office of Rail and Road for rail and roads.

North Sea Transition Authority for upstream oil and gas regulatory matters that can intersect with competition considerations in the energy supply chain.

Next Steps

If you face an investigation or dawn raid, contact a competition lawyer immediately, inform senior management, secure legal privilege over advice, and issue a document hold to preserve all relevant material. Cooperate lawfully with officials and avoid discussing the matter internally except with the response team.

If you are planning a collaboration or merger, seek an early competition assessment. Map markets, customers, and overlaps, and gather data on market shares, competitors, and entry barriers. Lawyers can advise on risk, possible remedies, and engagement with the CMA.

If you suspect you were harmed by anti-competitive conduct, collect contracts, invoices, and communications, and note how pricing or supply changed. A lawyer can assess liability, quantify loss with economists, and advise whether to bring a claim in the CAT or the Scottish courts, including collective options.

Consider compliance measures. Implement or refresh a competition compliance program, including training for sales, procurement, and bid teams, clear guidance on trade association meetings and information sharing, and a dawn raid protocol tailored to Aberdeen sites and staff.

Discuss funding and timing. In Scotland, options can include fixed fees, conditional fee agreements, damages based agreements, and after the event insurance. Your lawyer can advise on the most suitable and economical approach for your matter.

To get started, prepare a concise brief describing your business, the issue, key dates, counterparties, and any deadlines. Share only factual materials at first, then build a privileged internal investigation plan with your legal team.