Paul Gilbert’s practice focuses on EU and UK competition law, including merger control, anticompetitive agreements, abuse of dominance, and sectoral regulation.

He has represented clients before the European Commission, the UK Competition and Markets Authority (and its predecessors, the Office of Fair Trading and Competition Commission), as well as in litigation before the UK Competition Appeal Tribunal and Court of Appeal.

Paul joined the firm in 2011 and became counsel in 2015. Before joining the firm, he was Deputy Director of Competition Policy at the UK Office of Fair Trading.

Notable Experience

  • Actavis on its $66 billion acquisition of Allergan.

  • Bank of America on the sale of its wealth management business to Julius Baer.

  • Biomet and a consortium of its private equity owners in its $13.35 billion merger with Zimmer Holdings.

  • Castle Water in its acquisition of Affinity.

  • Fidessa in the £1.5 billion recommended all-cash takeover offer from ION Investment Group.

  • Google before the OFT in its acquisitions of Looker Data Sciences, BeatThatQuote, and Waze, and in the EC's investigation into online search.

  • HarperCollins in the European Commission and OFT investigations into e-books.

  • HCA in its appeal of the CMA’s Private Healthcare Market Investigation.

  • HP on an OFT Market Study into Government procurement of ICT.

  • IMS Health (now IQVIA) on its merger with Quintiles; and in the OFT and Competition Commission review of merger undertakings given to the UK Secretary of State.

  • Lafarge in its €40 billion combination with Holcim; in connection with the Competition Commission’s Market Investigation into aggregates, cement and ready-mix concrete; and in its UK building materials joint venture with Anglo American's Tarmac business.

  • Metlac in resisting an attempted acquisition by AkzoNobel, and in successfully resisting a challenge brought before the Competition Appeal Tribunal and Court of Appeal against the Competition Commission’s prohibition decision.

  • OpenText before the OFT on its $1.165 billion acquisition of GXS.

  • Ryanair on the competition aspects of its bid to acquire Aer Lingus and related minority share acquisition, including litigation before the Competition Appeal Tribunal and Court of Appeal.

  • Sony Corporation of America on the EU antitrust aspects of the $2.2 billion acquisition of EMI Music Publishing.

  • The Walt Disney Company in connection with its acquisition of 21st Century Fox; and in the investigations by the UK communications regulator Ofcom and the Competition Commission into the UK pay-TV sector.

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Selected Activities

  • Member, British Institute of International and Comparative Law
  • Law Society of England and Wales, Competition Section

Publications

UK Proposes A Mandatory, Pre-Closing National Security Regime,” Cleary Gottlieb Alert Memorandum, November 13, 2020

European Commission Announces New Policy to Accept Member State Referrals for Merger Review Even if EC and National Thresholds Are Not Met,” Cleary Gottlieb Alert Memorandum, October 12, 2020

Analysis of the UK Supreme Court’s Decision in Unwired Planet v Huawei,” Cleary Gottlieb Alert Memorandum, October 1, 2020 

UK Merger Control, the New Normal,” Financier Worldwide, September 2020

UK Government Prohibits Acquisition of UK Supplier of Military Aircraft Components,” Cleary Gottlieb Alert Memorandum, September 22, 2020

Waiting for Brexit: Five Ways the CMA Could Improve UK Merger Control,” European Competition Law Review, September 2020

“United Kingdom,” The Dominance and Monopolies Review – Edition 8, 2020

UK Trends and Developments,” Chambers Merger Control 2020, August 2020

UK Government Introduces New Powers to Intervene in Mergers on Public Interest Grounds,” Cleary Gottlieb Alert Memorandum, June 26, 2020

UK Suspends Elements of its Antitrust Laws and Refocuses Enforcement in Response to COVID-19,” Cleary Gottlieb Alert Memorandum, April 2, 2020

CMA Ramps Up Merger Control Enforcement Ahead of Brexit,” Cleary Gottlieb Alert Memorandum, February 26, 2020

Payment Services in the EU: Price Regulation to Protect a Duopoly,” Competition Law Journal, January 30, 2020

“Agency Agreements” and “Subcontracting Agreements,” EU Competition Law VI: Vertical Restraints, April 2020

United Kingdom,” The Dominance and Monopolies Review – Edition 7, 2019

United Kingdom,” Getting the Deal Through’s 2019 Competition Compliance Guide, June 2019

FCA Issues First Penalties for Competition Infringements,” Cleary Gottlieb Alert Memo, February 26, 2019

Where Angels Fear to Trade: Algorithms and Antitrust,” Financier Worldwide, February 19, 2019

UK Government Proposes National Security and Investment Regime,” Cleary Gottlieb Alert Memorandum, August 9, 2018

United Kingdom,” The Dominance and Monopolies Review – Edition 6, 2018

“The EU Court of Justice Clarifies the Scope of the Regulatory Framework for Three-Party Schemes but Individual Assessment Is Needed to Determine Whether Fee Caps Apply,” Concurrences, February 7, 2018

United Kingdom,The Dominance and Monopolies Review, Law Business Research, August 2017

United Kingdom Competition Compliance,Getting the Deal Through, June 2017

“Impact of Brexit on UK Competition Litigation and Arbitration,” Kluwer Journal of International Arbitration, September 2016

“United Kingdom,” by Paul Gilbert, The Dominance and Monopolies Review, Law Business Research, June 2016

“‘A Watershed Moment for Enforcement’—Sizing up Class Action Competition Reforms,” Legal Business, November 4, 2015

“New Rules May Mean More Private Actions in Antitrust Cases,” The Lawyer, October 2015

“United Kingdom,” by Paul Gilbert, The Dominance and Monopolies Review, Law Business Research, June 2015, p. 403-420 (Chapter 26)

“Privacy Considerations in European Merger Control: A Square Peg for a Round Hole,” Competition Policy International, June 1, 2015

“Changes to the UK Cartel Offence—Be Careful What You Wish For,” Journal of European Competition Law & Practice, Oxford University Press, December 4, 2014

“United Kingdom,” by Paul Gilbert, The Dominance and Monopolies Review, Law Business Research, June 2014, p.319-332 and p. 345-362 (Chapter 23)

Events

  • Speaker at Exploring Tech and Digital M&A Trends Between the UK and China event, November 2020
  • Presentation to China Britain Business Council on investment in tech companies, November 2020
  • Speaker at Cleary Gottlieb webinar, “UK Antitrust Enforcement Post-Brexit: What to Expect and How to Prepare,” October 22, 2020
  • Speaker at Cleary Gottlieb Retail Mergers Seminar, February 2020
  • Speaker at CEPS conference on payment services regulation (Brussels), February 2020
  • Speaker at “Rebates after After Intel,” White Paper Conference, October 2019
  • Speaker at Cleary Gottlieb Seminar seminar on UK competition law after Brexit, May 2018
  • Speaker at IBC Legal’s UK Competition Law 2017 event, February 28, 2017
  • Panel chair, “Process, Privilege and Procedure in EC Cases,” at Global Competition Review 2016 Annual Conference, July 2016
  • Speaker at Kluwer BREXIT conference, September 2016
  • Chaired IBC Conference on Big Data and Competition Law, October 2016
  • Speaker at Bruegel event on “Antitrust Concerns in Zero Price Markets,” November 2016
  • Participant at CMA roundtable on use of confidentiality rings and disclosure rooms in competition cases, November 2016
  • Presented on “Agency Agreements in Digital Distribution” at Monckton Chambers conference (organized by Sweet & Maxwell), September 2015
  • Panel chair (Competition Law in Digital Markets) at IBC UK Competition Law Conference, February 2016
  • Participant at BIICL roundtable on Competition in Pharmaceuticals, March 2016
  • Participant at CMA roundtable on Commitments in Competition Enforcement, September 2015
  • Participant at CMA roundtable on Vertical Agreements, January 2015
  • Participant at CLF roundtable on Competition in Payment Systems, November 2015