Daniel Piccinin KC was called in 2010 and took silk in 2023. He specialises in litigation that raises complex economic, financial and commercial issues – in particular competition law.
Daniel has extensive experience of appearing in the full range of competition litigation, from long running damages claims like the interchange fee litigation or the NHS’s claim against Servier for conduct involving pharmaceutical patents, to collective actions (Apple App Store, Apple iPhone, the Car Carriers Cartel, interchange fees) to appeals from CMA decisions (Paroxetine, drums, Liothyronine) and arbitrations (including in the sports and competition field).
Daniel also regularly acts in FRAND cases, having acted for Ericsson in Unwired Planet, and subsequently having defended ASUS, ZTE and Oppo.
Daniel is also instructed in a range of general commercial claims, most frequently in joint venture disputes and professional negligence cases.
In 2016 he won the Chambers & Partners Competition Law Junior of the Year award and was named as a 2017 Star at the Bar in Legal Week. In 2019 he was nominated as EU and Competition Junior of the Year in the Legal 500 UK Bar Awards.”
Various retailers v Visa – acting for Visa in more than 1,000 competition law damages claims by retailers, including a 3 month trial in 2016 ([2018] 2 All ER 611), an appeal to the Supreme Court in 2020 ([2020] 4 All ER 807) and a new wave of litigation in the CAT ([2021] CAT 35)
NHS v Servier – acting for Servier in long running damages claims brought by the NHS, including Supreme Court appeals on the EU concept of res judicata [2020] 3 WLR 1207 and the common law tort of causing loss by unlawful means [2021] 3 WLR 370, and a five week trial of Servier’s mitigation defence in 2021 [2022] EWHC 369 (Ch)
Trucks – acting for Volvo in several damages claims arising out of the Trucks cartel
Forex – acting for Barclays in Allianz v Barclays and Ors and in the collective proceedings in the CAT regarding the forex cartel
Hg Capital v CMA – acting for Hg in its appeal from a CMA unfair pricing decision
Dr Kent v Apple – acting for Apple defending Dr Kent’s proposed collective action in the CAT relating to the App Store
McLaren v MOL and Ors [2022] CAT 10 – acting for NYK defending McLaren’s collective action relating to the maritime car transport cartel
Neurim v Viatris [2022] EWHC 109 (Pat) – acting for Viatris on its competition defence to a claim for injunction in the pharma sector
Case T-106/17 JP Morgan v Commission – acting for JP Morgan in its appeal from the European Commission’s finding of infringement in the Euribor cartel, and intervening in the CJEU in HSBC’s appeal
LCD Cartel – acting for LG Display in several cases arising from the LCD Cartel, including unled in the Court of Appeal in iiyama v Samsung and Ors [2018] 4 CMLR 23 and again on a jurisdiction challenge from a contribution claim in Samsung v LG Display
Roland v CMA [2021] CAT 8 – acting unled in an appeal from a CMA decision on penalty for RPM
Pfizer v CMA – acting unled for the ABPI and BGMA intervening in writing in the Supreme Court appeal on costs awards in CAT appeals
Nitrofurantoin – acting for Morningside in its successful defence of a CMA investigation in the pharma sector
GSK and Ors v CMA [2019] 4 CMLR 8 – acting for the CMA in defending its landmark paroxetine “pay for delay” decision
Unwired Planet v Huawei [2016] 5 CMLR 11– acting for Ericsson in a competition law dispute in the context of patent infringement proceedings
Cooper Tire and Ors v Dow – acting for Dow in the first ever cartel damages claim to go to trial in the UK
Case T-788/14 MPF Holdings v Commission – acting unled for MPF Holdings challenging the Commission’s State aid approval of the UK’s capacity market
Ryanair v OFT/CC/CMA and Aer Lingus [2015] CAT 14; [2015] EWCA Civ 83; [2014] CAT 3; [2012] EWCA Civ 1632; [2012] CAT 21; [2012] EWCA Civ 643 – Acting for Aer Lingus in its long-running and successful campaign to require Ryanair to sell its minority stake in Aer Lingus
Case T-260/13 Ryanair v Commission – acting unled for Aer Lingus as intervener in the General Court in Ryanair’s appeal from the Commission’s decision to prohibit Ryanair from acquiring Aer Lingus
Case T-101/13 Aer Lingus v Commission – acting unled for Aer Lingus in its appeal from the Commission’s decision awarding Heathrow slots to Virgin instead of Aer Lingus
Tesco v OFT [2012] CAT 31 - acting for Tesco in its largely successful appeal in the CAT from the OFT's finding of a price-fixing infringement
Case T-286/09 Intel v Commission - acting for Intel in its challenge in the General Court to the European Commission's finding of abuse of dominance
Anglian Water Services - acting for Anglian Water in its successful defence of an Ofwat abuse of dominance investigation
Northern Ireland Electricity Price Control – acting for the Northern Ireland Utility Regulator in the CC’s price control inquiry
Teva v Reckitt Benckiser – acting for Teva in its abuse of dominance follow-on damages claim in the Chancery Division (with Kelyn Bacon QC)
Interdigital v Oppo – acting for Oppo defending FRAND proceedings
Mitsubishi v OnePlus and Ors – acting for Oppo and OnePlus defending FRAND proceedings, including acting unled in the Court of Appeal on the proper approach to allowing in-house counsel to access confidential licences ([2021] FSR 13)
Philips v ASUS – defending ASUS in FRAND proceedings
Conversant v Huawei and ZTE – defending ZTE inn FRAND proceedings
Mahmood v Big Bus [2021] EWHC 3395 (QB) –a successful claim for negotiating damages arising out of a joint venture
Lekoil v Akinyannmi [2022] EWHC 282 (Ch) – a successful jurisdiction challenge for the founder of an African oil business
Al Jaber v Al Ibrahim [2019] 1 WLR 885 – appeal concerning a claim for interest in the absence of an express term
Shandong v Andresen [2018] EWHC 2874 (Ch) – a derivative action against a former CEO of a joint venture
RIFW v LSH – defending valuation advisers in a professional negligence claim Various reinsurance arbitrations
2010-2011 Pupillage, Brick Court Chambers
2007-2010 Solicitor, Linklaters LLP, London
2001-2006 LLB and B.Com (Economics), University of Melbourne (Both First Class Honours, Equal first in 2005 Honours Year in Economics)
Academic Prizes
Kinsman Research Prize for best research paper in Economics developed from an Honours Thesis in 2006.
University of Melbourne Department of Economics Prize for an Outstanding Tutor in 2006.
Economics Honours Prize in Honours Program in Economics, for finishing equal first in 2005.
Jean Polglaze Memorial Prize in 316-475 Economic Research Essay for best Economics Honours Thesis in 2005.
Law and Economics Prize in 2004.
Two chapters in European Union Law of State Aid, 3rd Ed, K Bacon (Ed), OUP
Two chapters in European Union Law of State Aid, 2nd Ed, K Bacon (Ed), OUP 2013
S Anderson, N Erkal and D Piccinin “Aggregative games and oligopoly theory: short run and long-run analysis”, RAND Journal of Economics, Vol 51, No. 2, Summer 2020, pp. 470-495
C Ahlborn and D Piccinin, "The Great Recession and other mishaps: the Commission's policy of restructuring aid in a time of crisis", in Research Handbook of State Aid Law, E. Szyszczak (Ed.), Edward Elgar 2011.
N Purnell, C Bellamy, N Kar, D Piccinin, and P Sahathevan, "Criminal Cartel Enforcement - More turbulence ahead? The implications of the BA Virgin Case", Competition Law Journal 2010(3), 313.
C Ahlborn and D Piccinin, "The Application of the Principles of Restructuring Aid to Banks during the Financial Crisis", European State Aid Law Quarterly2010(1), 47.
C Ahlborn and D Piccinin, "Between Scylla and Charybdis: Market Investigations and the Consumer Interest", in Ten Years of UK Competition Law Reform, B. Rodger (ed), Dundee University Press 2010.
N Erkal and D Piccinin, "Cooperative R&D under uncertainty with free entry", International Journal of Industrial Organization, 2010, 28, 74-85.
N Erkal and D Piccinin, "Welfare-reducing mergers in differentiated oligopolies with free entry", Economic Record, 2009, 1-7.
N Erkal and D Piccinin, "Cooperative R&D under uncertainty with free entry", International Journal of Industrial Organization, 2010, 28, 74-85.
N Erkal and D Piccinin, "Welfare-reducing mergers in differentiated oligopolies with free entry", Economic Record, 2009, 1-7.