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Portrait of Russell Hoare

Russell Hoare

Partner

CMS Cameron McKenna Nabarro Olswang LLP
Cannon Place
78 Cannon Street
London
EC4N 6AF
United Kingdom
Languages English

Russell has over ten years of experience in advising on merger control, behavioural cases, compliance, market investigations, abuse of dominance, competition law litigation, public procurement, state aid and consumer protection law, both at EU and UK level.

He has a strong focus on competition law and regulatory aspects of technology, media & telecoms matters, and also specialises on competition law questions arising in consumer products and real estate contexts. The construction, energy, financial services, life sciences, shipping and manufacturing sectors are other areas where he has extensive experience.  

Russell has gained a particularly valuable perspective by spending time working in-house at a well-known consumer goods manufacturer; and at a major international mobile network operator. In particular, he advised on dealings with fixed access providers, mobile network wholesale arrangements and mobile network sharing arrangements.

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Relevant experience

  • GlaxoSmithKline, the lead party, in the UK's first reverse patent settlement investigation and one of the OFT/CMA's longest and most high-profile prohibitive competition law inquiries, and on its appeal to the Competition Appeal Tribunal and reference to the Court of Justice of the EU (novel issues at the IP/competition interface).
  • Comcast on media merger control and media regulatory aspects of its US$65billion bid for 21st Century Fox.
  • Liberty Global on merger control aspects of the sale of its direct-to-home satellite TV operations in the Czech Republic, Hungary, Romania and Slovakia to M7 Group.
  • CityFibre, the UK’s largest alternative provider of wholesale fibre network infrastructure, on its £200m acquisition of the FibreNation business from TalkTalk.
  • CityFibre on its intervention in Vodafone and TalkTalk’s appeal to the Competition Appeal Tribunal against Ofcom’s 2019 Business Connectivity Market Review.
  • CityFibre on a partnership with Vodafone to deliver ultra-fast Gigabit-capable full fibre broadband to up to 5 million homes and businesses across the UK by 2025.
  • Aon on the CMA market investigation into the provision of investment consultancy and fiduciary management services.
  • CGI on its acquisition of the IT provider, SCISYS Group plc, including securing Phase I CMA clearance and coordinating other national filings.
  • Resolution Chemicals on the European Commission’s Lundbeck reverse settlement investigation.
  • GTC (an arm of Brookfield Utilities UK) on its participation in Ofcom’s 2016 Business Connectivity Market Review, including producing commentary on practical and pricing aspects of Ofcom’s 'dark fibre' SMP remedy. 
  • Portsmouth City Council in relation to the European Commission’s in-depth Phase 2 State aid investigation with respect to its investment in MMD Limited at Portsmouth Port.  
  • A consumer-facing business with respect to an unannounced inspection and investigation by the CMA under its consumer enforcement powers.
  • A leading machine-to machine (M2M) connectivity provider on issues including application of EU Roaming Regulation to M2M and application of the UK General Conditions to M2M.    
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Memberships & Roles

  • Law Society Competition Section
  • Procurement Lawyers‘ Association
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Education

  • 2007 – Post-graduate diploma in competition law - King's College London
  • 2003 – Legal Practice Course – Nottingham Law School
  • 2002 – LLB Law, the University of Sheffield
  • 2001 – Semester in EU Law, Lund University, Sweden 
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19 March 2021
Re­flec­tion re­quired fol­low­ing re­sponses to pub­lic pro­cure­ment Green Pa­per
Earli­er this month, the UK Gov­ern­ment’s Cab­in­et Of­fice closed its con­sulta­tion on the Green Pa­per: Trans­form­ing pub­lic pro­cure­ment, which set out pro­posed amend­ments to pub­lic pro­cure­ment rules fol­low­ing...
11 March 2021
Man­aging in­vest­ig­a­tions: plan­ning pres­sures and pit­falls video series
With more in­tern­al re­port­ing of con­cerns with­in busi­nesses thanks to im­proved train­ing and con­trols, and with com­plex reg­u­lat­ory, crim­in­al and HR in­vest­ig­a­tions be­com­ing more com­mon­place, cor­por­ates need...
10 February 2021
Life Sci­ences - The road to re­cov­ery
Cov­id-19 has put the life sci­ences in­dustry in the spot­light.The sec­tor has pulled to­geth­er to care for those im­pacted by the vir­us and in the race to find a vac­cine. There have been col­lab­or­a­tions...
29 January 2021
The CMA’s fo­cus on al­gorithms: com­put­ing for com­pli­ance suc­cess?  
Na­tion­al lock­downs and closed work­places in re­cent months have only ac­cel­er­ated the trend of an ever-great­er pro­por­tion of our lives be­ing con­duc­ted through the di­git­al world. The in­creas­ing im­port­ance...
11 January 2021
The UK’s new sub­sidy con­trol re­gime 
From 1 Janu­ary 2021, the EU State aid rules no longer ap­ply to fund­ing and oth­er forms of sup­port meas­ures gran­ted to busi­ness by UK pub­lic au­thor­it­ies. The only ex­cep­tions to this are for aid that is...
14 December 2020
UK com­pet­i­tion law after the pan­dem­ic - The end of the COV­ID ex­cuse
Busi­nesses and con­sumers in the UK, as in most of the world, con­tin­ue to face ex­traordin­ary dif­fi­culties as a res­ult of the COV­ID-19 pan­dem­ic. Busi­nesses have had to ad­apt sup­ply chains, in par­tic­u­lar...
26 October 2020
Pre­par­ing for pub­lic pro­cure­ment post-Brexit
The UK left the European Uni­on on 31 Janu­ary 2020. Un­der the terms of the EU-UK With­draw­al Agree­ment, the cur­rent EU pub­lic pro­cure­ment rules have con­tin­ued in force in the UK dur­ing an 11 month trans­ition...
01 September 2020
Re­strict­ive Cov­en­ants: some clar­ity but still sub­ject to com­pet­i­tion law
The re­cent case of Pen­in­sula Se­cur­it­ies Ltd v Dunnes Stores (Bangor) Ltd has cla­ri­fied the law around chal­lenges to cov­en­ants which seek to lim­it the use of land. The case in­volved an ap­peal by a re­tail...
31 March 2020
Mer­ger con­trol in the UK and COV­ID-19: where are we now?
Cor­rect as of 9am on  31 March 2020. This art­icle is  be­ing main­tained. As Europe re­sponds to the COV­ID-19 emer­gency, fast-mov­ing events are lead­ing to changes of ap­proach by com­pet­i­tion reg­u­lat­ors...
04 March 2019
Ad­vising the Board on Com­pet­i­tion Law Risk
Dir­ect­ors’ risk re­port on Com­pet­i­tion Law Com­pet­i­tion law is in­creas­ingly a board-level is­sue and all busi­nesses need to fo­cus on its im­pact on their activ­it­ies. Car­tel and in­form­a­tion ex­change risks...
14 January 2019
European Com­mis­sion in­vest­ig­ates Nike’s tax ar­range­ments un­der State aid...
In re­cent years, the European Com­mis­sion has opened a series of high-pro­file State aid in­vest­ig­a­tions in­to the tax ar­range­ments used by mul­tina­tion­al cor­por­a­tions in the European Uni­on. There have been...
03 December 2018
The EU­'s reg­u­la­tion against geo-block­ing enters in­to force
From 3 Decem­ber 2018, all traders who sell cross-bor­der to cus­tom­ers with­in the EU must com­ply with the EU Geo-Block­ing the Reg­u­la­tion (the "Reg­u­la­tion").[1] Un­less per­mit­ted by EU or Mem­ber State law...