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Russell Hoare

Partner

Contact
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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12/05/2022
10 key aspects of the revised EU competition law in the field of distribution...
The new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (VGL) were published on 10 May 2022. The new VBER will enter into force on 1 June 2022 and apply for the next twelve years. The new VBER/VGL introduce sev

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13/06/2024
UK Government publishes key updates to NSI Act guidance
Overview of the key updates  On 21 May 2024 the UK Government published updated guidance on the scope and application of the UK National Security and Investment Act (NSIA).  The changes respond to some...
12/06/2024
CMS Expert Guide to Foreign Investment Screening Laws in United Kingdom
1. What is the relevant legislation? The UK FDI regime is set out in the National Security and In­vest­ment Act 2021(the Act), which came into force on 4 January 2022. It must be read in conjunction with...
26/03/2024
CMS advises SEFE on all aspects of acquiring WIGA Group
Hamburg – SEFE Securing Energy for Europe GmbH (SEFE) has acquired all the shares in WIGA Transport Beteili­gungs-GmbH & Co. KG (WIGA) from its co-shareholder Wintershall Dea AG. The transaction is currently awaiting approval from the competition authorities. SEFE is wholly owned by the Federal Republic of Germany. WIGA owns regulated gas pipeline operators GASCADE Gastransport GmbH and NEL Gastransport GmbH, who operate one of the largest high-pressure gas networks in Germany with a combined length of around 4,150 kilometres. These networks have a key role to play in European energy security and the green energy transformation. The transaction will strengthen SEFE in its role of ensuring secure and reliable energy supply in Germany and Europe, as well as boosting its hydrogen ex­pert­ise.“With the full acquisition of WIGA as sole shareholder, we are strategically strengthening SEFE as an independent and autonomous midstream company,” commented Reinhard Gorenflos, Chairman of the SEFE Supervisory Board.“SEFE being the sole shareholder of WIGA will ensure that GASCADE can convert the existing high-performance infrastructure to hydrogen in the future. In this way, we can help drive forward the green energy transformation. Transportation infrastructure is a pivotal part of the future hydrogen value chain,” said Dr Egbert Laege, CEO of SEFE. “The two WIGA subsidiaries, GASCADE and NEL, will continue to operate independently and market their capacity in a transparent and non-dis­crim­in­at­ory manner.”SEFE CFO Dr Christian Ohlms highlighted the importance of WIGA with regard to the privatisation of SEFE, which is due to take place by the end of 2028: “With this transaction, which is expected to complete by summer 2024, we are strengthening SEFE’s asset base. Our aim is to continue the long-term development of SEFE on a stable financial footing.”A multinational CMS team headed by Hamburg-based partner Dr Holger Kraft advised SEFE on all aspects of acquiring WIGA. In addition to extensive due diligence on the entire WIGA Group, including GASCADE and NEL, which are regulated under energy law, this work covered negotiation of the share purchase agreement and separate agreements with the shareholders of Wintershall Dea AG. Alongside negotiating the transaction agreements, the advice focused on safeguarding the transaction through several W&I insurance agreements, including negotiating the policies, and handling regulatory issues relating to gas network operation and other public-law matters. CMS Germany worked closely with the CMS law firms in the UK and Luxembourg, and with US law firm Faegre Drinker Biddle & Reath LLP. CMS previously advised the Federal Network Agency (BNetzA) and the Federal Ministry for Economic Affairs and Climate Action in 2022 and 2023 around their trusteeship over SEFE and its subsequent nationalisation by way of corporate actions. The instructions for this transaction followed on from that successful cooperation. About SEFE:As an integrated midstream energy company headquartered in Berlin, SEFE Securing Energy for Europe ensures the security of energy supply in Germany and Europe and is driving the green energy transformation. SEFE is active in trading & portfolio management, sales, transportation and storage of energy and has its strongest presence in Germany and the UK. SEFE employs around 1,500 people and supplies over 50,000 customers, in particular industrial customers and municipal utilities in Germany and seven other European markets. With a sales volume of around 200 TWh of power and gas, SEFE plays a central role in stability of the energy supply in Germany and Europe. SEFE is owned by the Federal Government of Germany. CMS Germany Dr Holger Kraft, Lead Partner Dr Jan Schepke, Partner Matthias Sethmann, Principal Counsel Dr Dirk Baukholt, Principal Coun­sel Char­lotte von der Heydt-von Kalckreuth, Counsel Dr Stefan Kühl, Senior Associate Dr Paul Kintrup, Senior Associate, all Corporate/M&A Dr Rolf Hempel, Partner Dr Friedrich von Burchard, Partner Nicole Köppen, Senior Associate, all Regulatory Dr Hermann Müller, Partner Dr Arno Görlitz, Associate, both Public Commercial Law Dr Martin Mohr, Partner Dr Olaf Thießen, Principal Counsel, both Tax Dr Alexandra Schluck-Amend, Partner Manuel Nann, Senior As­so­ci­ate Pit-Jo­hannes Wagner, Associate, all Restructuring Dr Andreas Hofelich, Partner Dr Mario Brungs, Counsel Dr Lena Pingen, Associate, all Em­ploy­ment/Pen­sions Dr Fritz von Hammerstein, Partner Jan Gröschel, Senior Associate Heike Weyer, Senior Associate, all Public Law Dr Stefan Voß, Partner Tamara Bux, Associate, both Real Estate Dr Sebastian Cording, Partner Martin Krause, Partner Dr Shaya Stender, Associate Joel Coché, Associate, all Commercial Dr Julia Runge, Principal Counsel, Finance Dr Michael Bauer, Part­ner Chris­toff Henrik Soltau, Partner Dr Robert Bodewig, Senior Associate Luisa Thomasberger, Associate, all Antitrust, Competition & Trade CMS UK Russel Hoare, Partner Sam De Silva, Part­ner Jean-Fran­cois Willems, Of Counsel Jennifer Louch, Senior As­so­ci­ate Max­imili­an Weaver, Senior Associate Louisa Mottaz, Associate CMS Luxembourg Angelique Eguether, Senior As­so­ci­ate Guil­laume Flagollet, Managing Associate Faegre Drinker Biddle & Reath LLP (USA) Mollie D. Sitkowski Inhouse at SEFE Securing Energy for Europe GmbH Dr Jörg Kammerer Jörn RimkePress Con­tact presse@cms-hs. com
04/10/2023
CMS advises HICL on £204m portfolio disposal
International law firm CMS has advised FTSE 250 and London-listed investment company HICL on the c. £204m disposal of five assets to John Laing, an international core infrastructure investor. HICL has...
26/09/2023
Collaborating with competitors? The CMA issues final guidance on horizontal...
Competition authorities have long sought to strike the right balance between preventing illegal forms of collaboration and allowing businesses to cooperate in a way that will foster innovation and promote...
20/09/2023
“Conduct requirements” and “Pro-Com­pet­i­tion In­ter­ven­tions”: New tools in...
This is the third in a series of articles analysing specific features of the digital and competition reforms contained in the recently published Digital Markets, Competition and Consumers Bill (the Bill). ...
12/07/2023
Antitrust enforcement and managing compliance risk
Record breaking fines, director disqualification and damages claims highlight the risks to businesses of falling foul of competition law. This session will look at current enforcement trends across the...
27/06/2023
Handling the new EU sanctions against Russia
Latest update: 27 June 2023
06/06/2023
The UK’s new digital regime regulating firms with “strategic market status”:...
This is the second in a series of articles analysing specific features of the digital and competition reforms contained in the recently published Digital Markets, Competition and Consumers Bill (the Bill)...
17/05/2023
Foreign direct investment control in the UK and around the world
Foreign direct investment (FDI) control plays an increasingly important role in M&A risk assessment. Navigating a plethora of new or expanded regimes adds increasing time and cost to transactions, often...
04/05/2023
UK merger control reform: significant expansion planned in the Digital...
As noted in our recent Law-Now the UK Government has finally published the long-awaited Digital Markets, Competition and Consumers Bill (the Bill).This is the first in a series of articles analysing specific...
28/04/2023
Specialisation and R&D: how can businesses collaborate without breaching...
Current economic pressure impacting businesses and their supply chains, combined with more pressing demands for better ESG and innovation, are driving businesses to collaborate more closely. This includes...