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Antonio Bavasso

Partner Co-Head Antitrust

London

Bavasso Antonio
Antonio Bavasso

Partner Co-Head Antitrust

London

Antonio Bavasso is the co-head of the global antitrust practice and also co-head of the telecoms, media and technology practice He is a leading expert in antitrust and regulation, practising primarily in London and Brussels.

Over the years he has advised on a number of precedent-setting merger and behavioural investigations as well as regulatory and antitrust litigation. These include: News Corporation on the creation of Sky Italia; Sky (then BSkyB) on the acquisition of a stake in ITV (and following litigation up to the Court of Appeal); 20th Century Fox on various matters including the UK investigation on supply of movies to pay TV and the EC investigation into pay-TV territorial licensing; WPP in relation to various matters including the acquisition of Grey and TNS; Mubadala as part of the Sony Consortium on the acquisition of EMI Music Publishing and subsequent disposal of its interest in EMI Music Publishing to Sony; Paddy Power’s merger with Betfair; Orange Austria on the merger with Hutchison; 21st Century Fox on BSkyB’s acquisition of Sky Italia and Sky-D and on the joint venture between Endemol and Shine; Veon (then VimpelCom) on the merger between Italian mobile operators Wind and H3G and Veon’s subsequent sale of its interest in WindTre to its JV partner CK Hutchison. Antonio also advised 21st Century Fox on the proposed acquisition of Sky and on its acquisition by The Walt Disney Company. He is currently acting for Qatar Petroleum on the EC investigation into alleged territorial restrictions relating to the supply of LNG into Europe.

Antonio is dual qualified in the UK and Italy and has practised in San Francisco. Antonio holds a JD magna cum laude from the University of Florence and a PhD from University College London. He is a visiting professor at UCL where he is the co-founder and co-director of the Jevons Institute for Competition Law and Economics. He has published widely and is a co-editor of Competition Policy International and consultant editor of Butterworths Competition Law Handbook. He is also a non-governmental adviser to the International Competition Network of competition authorities on unilateral practices and merger control.

Antonio comes recommended as a leading lawyer in his field in the Who's Who Legal directory and he is recommended by Chambers. He is described as "first class lawyer, you want him on your side for behavioural investigation and antitrust litigation".

Other noteworthy experience includes advising:
  • 21st Century Fox on its sale of Sky Italia and its 57.4% stake in Sky Deutschland to Sky.
  • 21st Fox Group on the EC Investigation on the supple of movies to satellite Pay TV operators.
  • 20th Century Fox MFN on the EC investigation on use of MFN claused and digital deployment agreements.
  • Mubadala Development Company PJSC on numerous acquisitions including its joint acquisition with Sony of EMI Music Publishing and subsequent disposal of its interest in EMI Music Publishing to Sony.
  • News Corporation on the competition and regulatory matters relating to its GBP220.3 million acquisition of the Wireless Group
  • Orange Austria on the EU Phase II merger control clearance of its acquisition by Hutchison 3G Austria, WPP in relation to various antitrust matters including the acquisition of TNS (cleared by the European Commission subject to remedies)
  • Sky on the proposed acquisition of a 17.9% stake in ITV and the precedent-setting Court of Appeal proceedings, following Sky’s appeal against the Competition Appeal Tribunal (CAT) judgement on the interpretation of competition and media plurality rules.
  • 20th Century Fox MFN on the EC investigations on use of MFN claused and digital deployment agreements.
  • 21st Century Fox on its joint venture with Apollo to combine Endemol Shine and CORE media to create a global TV production company.
  • Paddy Power’s merger with Betfair. 
 

News & insights

Publications: 17 OCTOBER 2019

European Commission imposes interim measures for first time in nearly two decades

The European Commission (Commission) has the power to order companies suspected of engaging in anti-competitive behaviour to stop their conduct pending a final decision in an investigation – so-called “interim measures”. The idea is that interim measures prevent activity which could irreparably damage the market before the Commission has completed its probe and had a chance to sanction the behaviour. But these powers have rarely been used. In fact, they have lain dormant since the IMS Health case 18 years ago, where the Commission imposed interim measures ordering the firm to grant a licence in relation to pharmaceuticals data.

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Publications: 11 SEPTEMBER 2019

Margrethe Vestager: five more years as Competition Commissioner, with a focus on “Digital Age”

Normally the European Commission’s Competition portfolio alternates between a Commissioner from a large Member State and a small Member State. Thus it had been widely assumed that the Competition portfolio in the new Commission would go to Sylvie Goulard from France or Paolo Gentiloni from Italy, since the Presidency was occupied by a German (President-elect Ursula von der Leyen) and Spain’s Josep Borrell had secured the external relations position.

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Publications: 17 JULY 2019

CMA launches digital markets strategy and market study into online platforms and digital advertising

The UK Competition and Markets Authority (CMA) has published a document setting out its digital markets strategy and, in parallel, has launched a market study into online platforms and digital advertising. These developments follow on from a series of independent reports into the digital sector, including the Furman Report in March and the Lear Report in June. They also build on the package of reforms proposed in February by the CMA’s Chairman, Lord Tyrie, as well as statements by its Chief Executive, Andrea Coscelli. 

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Publications: 27 JUNE 2019

European Commission seeks to impose interim measures for first time in nearly two decades

The European Commission (Commission) has the power to order companies suspected of engaging in anti-competitive behaviour to stop their conduct pending a final decision in an investigation – so-called “interim measures”. The idea is that interim measures prevent activity which could irreparably damage the market before the Commission has completed its probe and had a chance to sanction the behaviour. But these powers have rarely been used. In fact, the last time the Commission imposed interim measures was 18 years ago, against IMS Health, ordering it to grant a licence in relation to pharmaceuticals data.

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Office

London

Allen & Overy LLP
One Bishops Square
London
E1 6AD

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Qualifications

Professional

Admitted as avvocato, Italy, 1999

Admitted as solicitor, England and Wales, 2001

Academic

JD (cum laude), University of Florence, 1995

PhD, Law, University of London (UCL), 2001

Recognition

Published work

Books

  • Editor, Butterworth Competition Law Handbook, since 2012
  • 2003, “Communications in EU antitrust law: market power and public interest”, KluwerAssociate editor of Judicial Review in European Law, 2000, "Liber Amicorum" in honour of Lord Slynn of Hadley, O’Keeffe (ed.), Kluwer.

Articles/Book chapters

  • 2016 “Telecoms mergers under the EU merger Regulation: A New Frame of reference?”, with Dominic Long (November) Competition Policy International Chronicle (2016), p. 1
  • "State aid in broadcasting", with Christopher Best in EU State Aids, Hancher, Ottervanger, Slot (eds) (5th ed Sweet & Maxwell, 2016), pp. 715-732
  • 2015 “The Application of Competition Law in the Communications and Media Sectors: A Survey of Recent Cases”, with Dominic Long 6(5) Journal of European Competition Law & Practice (2015), pp. 265-380
  • 2014 “The Application of Competition Law in the Communications and Media Sectors: A Survey of Recent Cases”, with Dominic Long 5(4) Journal of European Competition Law & Practice (2014), pp. 233-246
  • 2013 "The Application of Competition Law in the Communications and Media Sectors: A Survey of 2012 Cases", with Dominic Long, 4(3) Journal of European Competition Law & Practice (2013), pp. 264-27
  • 2012, "Media Plurality: under the Skin of Control - Concept, Context and Reform", 8(2) Competition Policy International, (2012) pp. 52-81
  • "The Application of Competition Law in the Communications and Media Sectors: A Survey of 2011 Cases", with Dominic Long, 3(4) Journal of European Competition Law & Practice (2012), pp. 385-39
  • "State aid in broadcasting", in EU State Aids, Hancher, Ottervanger, Slot (eds) (4th ed Sweet & Maxwell, 2012), pp. 567-589
  • 2011 "The Application of Competition Law in the Communications and Media Sectors: A Survey of 2010 Cases", with Dominic Long, 2(3) Journal of European Competition Law & Practice (2011), pp. 259-268
  • 2010 "An Opportunity for Reform of the UK Competition Regime", with Simon Pritchard, October 2010, CPI Antitrust Journal
  • "Clarifying the Scope of Judicial Review in Competition Inquiries The Saga of PPI", with Mark Friend, 6(1) Competition Policy International, (2010) pp. 213-236
  • "The Application of Competition Law in the Communications and Media Sectors: A Survey of Recent Cases", with Dominic Long, 1(3) Journal of European Competition Law & Practice, (2010) pp. 232-240
  • 2009 "UK Anti-Cartel Enforcement", with Louise Tolley, in Anti-Cartel Enforcement Worldwide, Dabbah and Hawk (eds.) (Cambridge, 2009), pp. 1216-1246
  • 2007 "Causation in EC Merger Control", with A Lindsay, 3(2) Journal of Competition Law and Economics (2007), pp. 181-202
  • 2006 "State aid in broadcasting", in EC State Aids, Hancher, Slot, and Ottervanger (eds.) (3rd ed, Sweet & Maxwell, 2006) pp. 420-438
  • 2005 "The Role of Intent under Article 82; From 'Flushing the Turkeys' to 'Spotting Lionesses in Regent's Park", 26(11) European Competition Law Review (2005), pp. 616-623
  • 2004, "Electronic communications: a new paradigm for European regulation", 41(1) Common Market Law Review, pp. 87-11
  • "Industrial policy and extraterritoriality international antitrust; a lesson from Europe", The Antitrust Bulletin (Fall/2003), pp. 657-666 (contribution to A Symposium on Global Antitrust Law and Policy in honour of Professor Thomas Sullivan
  • 2002, "Public service broadcasting and state aid rules: between a rock and a hard place", (27)(3) European Law Review, pp. 340-350
  • "Essential facilities in EC law: the rise of an 'epithet' and the consolidation of a doctrine in the communications sector", in 21 Yearbook of European Law 2001-2002, Eeckhout and Tridimas (eds.), Oxford University Press, pp. 63-106
  • 2000, "Four freedom and national competence in search of the dividing line", with O’ Keeffe, in Judicial Review in European Law, Liber Amicorum in honour of Lord Slynn of Hadley, O’Keeffe (ed.), pp. 541-556, Kluwer
  • 1999, "Gencor: a judicial review of the Commission’s policy: many lights and some shadows", 22(4) World Competition, pp. 45-65
  • Written Evidence on Multijurisdictional Merger Control in the FM/T&N case, submitted to the International Competition Policy Advisory Committee of the US Attorney General for Antitrust with Mark Friend Final Report
  • 1998, Case note, Verteinigte Familiapress Zeitundsverlags- und vertriebs GmbH v. Heinrich Bauer Verlag, ECR [1997] I-3689, 35 Common Market Law Review, pp. 1413-1426
  • "Boeing McDonnell Douglas: did the Commission fly too high?", 19 European Competition Law Review, pp. 243-248
  • 1997, "Fundamental Rights and the European Citizen", with O’Keeffe, in European Citizenship and Institutional Challenge, M. La Torre (ed.), Kluwer, pp. 35-53, 1998; A revised version published as “Judicial protection of fundamental rights and the European citizen”, in Judicial Protection of Fundamental rights, Editions Bruyland, pp. 251-265
  • "Il forum non conveniens nell’esperienza giuridica inglese: discrezionalità come strumento e giustizia come fine", Forum non Conveniens in the English
  • Experience: Discretion as a Means and Justice as a Goal, in Rivista di diritto civile, pp. 607-638