Stephen Morris QC

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Stephen Morris QC practises principally in EC and UK competition law, other aspects of EU law and commercial law.

His practice in these areas has a particular emphasis on litigation before English courts (primarily the Commercial Court, Chancery Division, Administrative Court, the Court of Appeal, and the House of Lords), but he also acts in proceedings before the OFT, the Competition Commission, the Competition Appeal Tribunal and before the EC Commission and the European Courts and in international arbitration tribunals.

He was named Competition/EC Silk of the Year at the Chambers Bar Awards 2006 and nominated for Barrister of the Year at The Lawyer Awards 2005. He has been recommended by Chambers UK in its first band of leading silks for Competition/EC law for each of the last five years. He is also recommended as a leading silk for Competition/EU law in Legal 500 2010.

Other areas of practice include international trade, private international law (in particular jurisdiction and anti-suit injunctions), insurance and re-insurance, arbitration, intellectual property, judicial review/public law and utilities regulation.

He is a member of The Times Law Panel, consisting of the country's most prominent barristers and solicitors, and is the sole QC member reporting on competition law.

Stephen has been a deputy High Court judge since 2004, and sits, particularly, in the Administrative Court.

Current and recent work in the competition and EC field includes acting for Alstom in the "follow on" damages action brought by National Grid in the Chancery Division arising from the EC Commission's decision on the Gas Insulated Switchgear cartel. He is acting for Visa in its appeal to the General Court in Luxembourg from the Commission's decision in the Visa/Morgan Stanley case. The oral hearing is now set for May 2010. He has been acting as leading counsel for the OFT in the Dairy Products Price Initiative investigation and, by contrast, acting for one of the defendants in the OFT's Tobacco investigation. Other recent litigation work has included acting for a mobile phone manufacturer concerning patent licensing under FRAND terms and in an international arbitration of a competition law dispute in the chemicals sector. He was also involved in substantial competition litigation in the Commercial Court between an airline and an airport. He acted for the OFT in the Replica Football Kit appeals both before the CAT and before the Court of Appeal and for Visa in the CAT appeals in Mastercard v. OFT in which Visa successfully applied to set aside the OFT's MasterCard decision. He appeared in the House of Lords in the leading case of Inntrepreneur v. Crehan. Recent advisory work has included advising a leading airline on the consequences of the ECJ's recent decision in Sturgeon v. Condor, and work in the electronic marine navigation market and a number of competition and regulatory matters in the postal services sector.

Stephen represented the UK Government before the ECJ in Turner v. Grovit, a reference from the House of Lords which raised for the first time issues of the compatibility of anti-suit injunctions with the Brussels Convention. In the commercial field, work has included appearing in the Commercial Court and the Court of Appeal in insurance litigation, raising, in particular, EC customs law issues and Brussels Regulation jurisdiction matters. He has also acted in an international banking dispute in arbitration before the ICC and in worldwide freezing order proceedings in the Commercial Court relating to oil derivatives contracts.

Specialisations: 

  • EC and UK Competition Law
  • European Union Law
  • Commercial Law
  • Private International Law
  • Arbitration
  • Public Law
  • Utilities Regulation

Principal Cases: 

EC Competition / Other EC Law

Case T-461/07 Visa Europe and Visa International v. Commission ECJ, General Court, pending (on appeal from Commission decision Morgan Stanley/Visa October 2007) (Article 101 - exclusion of competitor from card payment system - fines imposed in respect of notified agreement).

National Grid Electricity Transmission Plc v ABB Ltd [2009] EWHC 1326 (Ch); [2009] UKCLR 838 (Gas Insulated Switchgear cartel - Commission Decision - UK follow on damages action - stay pending appeal to European Courts).

Inntrepreneur Pub Company (CPC) v. Crehan (OFT and Visa intervening) House of Lords [2007] 1 AC 333 (Beer tie agreement - damages for breach of Article 81 - extent of binding effect of EC Commission findings upon national court).

Case C-159/02 Turner v. Grovit European Court of Justice [2005] 1 AC 101 [2004] All E R (Comm) 381 (reference from H.L. - anti-suit injunction in respect of proceedings in another Member State - compatibility with Brussels Convention).

Professional Contractors Group Ltd v. Commissioners of Inland Revenue C.A. [2002] 1 CMLR 1332 [2002] STC 165 (tax legislation, state aids and free movement, Arts 87, 39, 43 and 49 EC Treaty).

Shanning International Limited v. Lloyds TSB Bank Plc H.L. [2001] 1 WLR 1462 [2001] 3 CMLR 289; C.A. and Com.Ct. [2000] 3 CMLR 450 [2000] Lloyd's Rep. Bank 215 (EC legislation on Iraqi sanctions / Banking and guarantees).

Morgan Stanley Dean Witter v .Visa International Service Association Com.Ct [2001] All ER (D) 18 (Arts 81, 82 EC Treaty/ stay pending EC Commission proceedings).

R. v. Secretary of State for Trade and Industry and others, ex parte Isle of Wight Council QBD Crown Office (2001) 3 LGLR 16 [2000] COD 245 (Regional aid, structural funds and Articles 158 and 159 EC Treaty).

Case T-234/95 DSG Dradenauer Stahlgesellschaft mbH v. Commission, Court of First Instance, [2002] ECR II-2603 (State Aids, UK Government intervention).

Sandvik AB. v. K.R. Pfiffner (UK) Limited Ch D Patents Court [2000] FSR 17 [1999] EuLR 755 (patent and knowhow licence/Articles [81], [82] and [28] EC Treaty).

Case C-33/97 Colim NV v. Biggs Continent Noord NV European Court of Justice, [1999] ECR I-3175 [2000] 2 CMLR 135 (Article [234] reference, UK observations; technical standards, labelling and Article [28]).

Case C-55/97P AIUFFASS and AKT v. Commission European Court of Justice, [1997] ECR I-5385 (State aids - UK Government intervention).

Potato Marketing Board v. Hampden Smith QBD and Court of Appeal [1997] Eu LR 435 (Articles [31] and [82] EC Treaty).

Philip Alexander Securities and Futures Limited v. Bamberger C.A. and Com Ct [1997] ILPr 73 [1996] CLC 1757 (Article [12] and [49] EC Treaty/ discrimination and arbitration/freedom to provide services).

R v. Warrenpoint Harbour Authority ex parte Anley Maritime Agencies High Court of Northern Ireland 1995 [1999] EuLR 97 (Article [82], judicial review and port authorities).

Tetra Pak II EC Commission [1992] 4 CMLR 551;Tetra Pak v. Commission Court of First Instance [1994] ECR II- 755 (Article [82]/relevant markets/abuse/predatory pricing/tie-ins/fines).

Tetra Pak v. Commission Court of First Instance [1990] ECR II-309 (Article [82]/exclusive patent licence / relationship with block exemption regulation).

Tetra Pak/Alfa Laval EC Commission [1992] 4 CMLR M81 (merger investigation).

ECS/AKZO EC Commission and Com Ct [1983] 3 CMLR 694, [1986] 3 CMLR 273 and ECJ Case 53/85 AKZO v. Commission [1986] ECR 1965, (Article [82], predatory pricing, access to file).

UK Competition Law

Tobacco OFT decision 16 April 2010 (Tobacco products - manufacturer/retailer price agreements - infringement of Ch 1 prohibition - record total fines imposed).

Royal Mail plc v. Postal Services Commission QB Admin Ct [2007] EWHC 1205 (Admin) [2007] All ER (D) 444 (May) (Postal services - Breach of licence condition - appeal against imposition of penalty).

JJB Sports plc v. Office of Fair Trading Court of Appeal [2006] EWCA Civ 1318 [2006] UKCLR 1135 [2006] All E R (D) 236 (Replica Football Kit - price fixing under Ch 1 prohibition - appeals from CAT judgments on liability and fines - first Court of Appeal substantive decision on Competition Act 1998).

MasterCard UK Members Forum v. Office of Fair Trading (Visa and BRC intervening) Competition Appeal Tribunal [2006] Comp A R 595 [2006] All ER (D) 362 [2006] CAT 14 (Credit card interchange fees - OFT decision finding infringement of Article 81/Ch 1 prohibition - new case made by OFT on appeal - decision set aside and appeal proceedings terminated).

Manchester United plc, Umbro Holdings plc, JJB Sports plc and Allsports Ltd v. Office of Fair Trading CAT [2005] All E R (D) 323; [2005] Comp A R 1060 [2005] CAT 22 (Replica Football Kit - price fixing under Ch 1 prohibition - appeals from OFT decision imposing fines - judgment on fines).

JJB Sports plc v. Office of Fair Trading; Allsports Limited v. Office of Fair Trading Competition Appeal Tribunal [2005] Comp A R 29 [2004] All E R (D) 23 [2004] CAT 17 (Replica Football Kit - price fixing under Ch 1 prohibition - appeals from OFT decision imposing fines - judgment on liability).

Qualifying Insurers v. Ross & Co and the Law Society Ch D [2006] ECC 5 [2004] EuLR 879 [2004] UKCLR 1483 (solicitors professional indemnity scheme - compatibility with Competition Act 1998 Ch 1 and Ch 2 prohibitions).

Allsports Limited v. Office of Fair Trading Competition Appeal Tribunal [2004] Comp A R 323 [2004] CAT 1 (Replica Football Kit - summary judgment application; amendment; ability of OFT to modify case on appeal).

R. v. Secretary of State for Trade and Industry , ex parte Thomson Holidays Limited, C.A. [2000] ECC 321, [2000] UKCLR 189; QBD Crown Office [1999] All ER (D) 744 (judicial review of Minister's order under s.56 FTA 1973 following MMC Report).

R. v. Director General of Telecommunications, ex parte Castle Transmission International Limited QBD Crown Office, 28 April 1999 (judicial review of Director General's decision under telecommunications licence).

Watson v. Dutton Forshaw Motor Group Limited, C.A. 22 July 1998 QBD Mercantile Court March 1995 (s.35 RTPA/economic torts damages claim).

Mid Kent Holdings plc v. General Utilities plc Ch D [1997] 1 WLR 14 [1996] 3 All E R 132 (UK merger under Fair Trading Act 1973/enforceability of statutory undertakings given to Secretary of State).

Commercial Law and Private International Law

Case C-159/02 Turner v. Grovit European Court of Justice [2005] 1 AC 101 [2004] All E R (Comm) 381 (reference from H.L. - anti-suit injunction in respect of proceedings in another Member State - compatibility with Brussels Convention).

Evialis SA v. S.I.A.T Com Ct [2003] 2 Lloyd's Rep 377 [2003] ILPr 43 (insurance - governing law and non-exclusive jurisdiction clause -stay and anti-suit injunction - Brussels Regulation, Arts 23, 27 and 28).

Sunport Shipping Ltd v.Tryg-Baltica International (UK) Ltd (The Kleovoulos of Rhodes) C.A. [2003] 1 Lloyd's Rep 138 [2003] 1 All E R (Comm) 586; Com Ct [2002] 2 Lloyd's Rep 277 [2002] 2 All E R (Comm) 350 (marine insurance/war risks/customs Regulations/ EC customs law).

Al Hadha Trading Co v.Tradigrain S.A. QB Merc Ct [2002] 2 Lloyd's Rep 512 (GAFTA arbitration/award/serious irregularity/ correction/ss.41, 57, 68, 70 Arbitration Act 1996).

CNA International Reinsurance Co. Ltd. v. Companhia de Seguros Tranquilidade S.A. Com Ct [1999] Lloyd's Rep IR 289 [1999] CLC 140; (reinsurance/incorporation of standard terms/condition precedent as to notice).

Alfred C.Toepfer International GmbH v. Société Cargill France C.A. [1998] 1 Lloyd's Rep 379; Com Ct [1997] 2 Lloyd's Rep 98; (anti-suit injunction/ arbitration/Articles 1(4) and 21 Brussels Convention/ reference to ECJ).

Akai Pty Ltd v. People's Insurance Company Com Ct [1998] 1 Lloyd's Rep 90 (insurance/jurisdiction/stay of action/anti-suit injunction).

Maxwell Communication Corporation Plc v. New Hampshire Insurance C.A. and Com Ct (sub nom New Hampshire Insurance v MGN) [1997] LRLR 24 [1996] CLC 1692 (fidelity insurance/preliminary issues/group policy/continuing duty of disclosure).

Philip Alexander Securities and Futures Limited v. Bamberger C.A.; Com Ct [1997] ILPr 73 [1996] CLC 1757 (arbitration/Article 1(4) Brussels Convention/anti-suit injunctions).

Transcatalana v. Incobrasa Com Ct [1995] 1 Lloyd's Rep 215 (arbitration/award/application for remission for further reasons/waiver and estoppel).

Education and Career: 

Stephen was educated at Bradford Grammar School and Christ's College, Cambridge (Open Exhibitioner in Modern Languages and M.A. (Cantab) in law).

He was called to the Bar in 1981 and was appointed an Assistant Recorder in 1998 and a Recorder in 2000. Between 1999 and 2002 he was Junior Counsel to the Crown (A Panel) and took silk in 2002.

Since December 2004, he has been sitting as a Deputy High Court Judge in the Chancery Division and Mercantile Court and subsequently in the QBD, Administrative Court.

Publications: 

  • Bellamy & Child: European Community Law of Competition 5th Edition (June 2001). Contributor, chapter on enforcement of competition rules in Member States. 3rd Edition and First Supplement to 3rd Edition. Contributor, chapters on distribution and intellectual property licensing.
  • Plender: European Courts Practice and Precedents. Contributor, chapter on measures of inquiry (Sweet & Maxwell 1997).
  • Practitioners' Handbook of EC Law: Bar Council/Trenton Publishing (1998) Co-author, chapter on EC customs law.

Appointments and Society Memberships: 

  • COMBAR
  • Bar European Group

Quotes: 

""Highly intelligent and very effective," he acted for Visa in the Visa/Morgan Stanley case before the Commission, the Commercial Court and the Court of First Instance." Chambers UK 2010

""knows competition law upside-down and back to front". He comes highly recommended for his "intellectual, hard-working and refreshing attitude" and clients are assured that he never lets you down" Chambers UK 2009

"a "highly logical lawyer who conveys his point very well". Sources comment that he has enjoyed an extremely busy and successful year and add that his work on behalf of the regulatory authorities has earned him widespread admiration. His prominent work for Visa continues to draw respect from market commentators" Chambers UK 2008

"Maintains a supreme reputation for leading competition cases such as the Replica Football Kit case" Legal 500 2008

"is doing incredibly well in competition right now. He gains praise from all corners for his representation of Visa in the MasterCard litigation and for the OFT in the Replica Football Kit case. He is particularly admired for his courtroom prowess and "masterful cross-examination skills"" Chambers UK 2007

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