Tuppers Law | Lisa Navarro – CV
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LISA NAVARRO

Solicitor, Member of the Law Society of England and Wales Solicitor, Member of the Law Society of Ireland

EXPERIENCE

TupperS Law
22 Disraeli Road, Ealing, London W5 5HP 2019 – present

Joined TupperS Law as Of Counsel to provide support on a range of competition law and regulatory matters.

Navarro Law Consultancy Ltd
34 Honor Oak Rise, London, SE13 3RA 2019 – present

Established Navarro Law Consultancy Ltd to provide competition and regulatory support to clients as an independent legal consultant.

Greenberg Traurig LLP
The Shard, Level 8, 32 London Bridge Street, London SE1 9SG 2009 – 2019

Joined in September 2009 as part of GT’s Antitrust Litigation & Competition Regulation Team. Elevated to Shareholder in 2014. Lisa’s practice spanned a range of competition issues and sectors including a focus on international merger control. Lisa also developed her profile in the water industry to become recognised by the legal directories as one of the country’s leading advisers on water regulatory issues, advising on three price controls, a Competition Act investigation, and a broad range of regulatory interactions. Lisa was named Lexology Client Choice Competition Lawyer of the Year in 2016.

Competition Pro Bono Scheme 2005 – present

Founder and administrator of the Competition Pro Bono Scheme, a scheme which involves over 50 law firms and chambers in the provision of free specialist legal advice on competition law issues. This role has included representation of the Scheme with the regulators and in governmental workshops and consultations.

Watson, Farley & Williams LLP 2004 – 2009
15 Appold Street, London EC2A 2HB

Joined as part of the Competition and Regulatory Group in May 2004. Principal focus was on UK and EU competition and regulatory law, including regulatory advocacy, investigations, advisory work and merger control. The WFW team won the Law Society’s award for “Excellence in Social Responsibility
– Pro Bono” 2008 and was shortlisted as “Pro Bono Team of the Year” 2008 for the Lawyer Awards for the setting up and administering of the Competition Pro Bono Scheme.

Nortel Networks Australia 2004
Level 5, 495 Victoria Avenue Chatswood NSW 2065 Australia

Spent three months assisting the General Counsel for AsiaPac with day-to-day legal matters and, in particular, the preparation of three major tenders relating to the provision of telecommunication networks and services across Australia and New Zealand.

Hammonds 2001-2003
Birmingham, Leeds, London and Brussels

Trainee solicitor at Hammonds, gaining experience in different locations and across a variety of practices including EU and UK competition law, environmental and regulatory law, commercial and intellectual property law, corporate law, construction law and employment law. This included four months in London in the Competition and Regulatory Team and four months in Brussels in the European Law Team.

EDUCATION

Kings College London 2007-2008

Post Graduate Diploma in the Economics of Competition Law, Merit.

Nottingham Law School 2000-2001

Legal Practice Course, Distinction.

Hertford College, University of Oxford 1997-2000

B.A. with Honours, Jurisprudence, 2 :1. M.A. Oxon.

MEMBERSHIPS

Member of the Law Society of England and Wales, September 2003. Member of the Law Society of Ireland, 2019.
Member of the following: Competition Law Association and the Law Society’s Competition Section.

RANKINGS

Legal 500:
• Competition Law (Band 5 – 2019)
• Water Law (Band 2 – 2019) Chambers:
• Water Law – Ranked Lawyers (Band 1 – 2019) Super Lawyers:
•Selected (2013 – 2015)
AWARDS AND RECOGNITION

· Lexology Client Choice Competition Lawyer of the Year 2016

· Shortlisted for 2011 Legal Business’ Competition Law Team of the Year for work on Bristol Water price redetermination before the Competition Commission.

· Winner of the Law Society Excellence Award for Corporate Social Responsibility Pro Bono Firm of the Year for work in setting up the Competition Law Pro Bono Scheme.

LANGUAGES

English

COMPETITION AND EU EXPERIENCE

· Advising a water company in relation to a Competition Act 1998 investigation by Ofwat into an alleged abuse of dominance in relation to the market for the self-lay of new development infrastructure and obtaining settlement of the investigation by entering into commitments;

· Advised in regard to one of the first ever applications for leniency under the Office of Fair Trading’s so-called “whistle blowers” programme in the Flat Roof Contractors cartel case.

· Drafting and filing a major complaint with the European Commission about anti-competitive practices in the chemicals sector.

· Advising on the application of competition law to franchising arrangements in the UK and throughout the EU.

· Assisted in drafting and managing a complaint and application for interim measures filed with the Office of Fair Trading in relation to the property search market, with responsibility for interaction with the client and the case handling team.

· Drafting and filing a complaint with the European Commission concerning the abuse of a dominant position by a multinational medical equipment supplier. Main point of contact for both client and the case handling team.

· Advised a major music publisher on its response to a complaint to the European Commission by a major record company concerning reciprocal agreements between collecting societies, collusion between publishers and collecting societies, and management of copyright in general.

· Assisted a sports equipment manufacturer in relation to the European aspects of an ultimately settled investigation by the U.S. Federal Trade Commission into an alleged non-compete agreement covering professional endorsers and employees.

· Assisted with a complaint filed with the European Commission relating to the legality of a ship pooling arrangement.

· Advising a client with regard to an investigation by the Competition and Markets Authority into allegations of resale price maintenance.

· Advising a major music publisher on contract negotiations concerning the management of its copyright in light of the regulatory environment.

· Providing advice to a provider of third party maintenance services regarding the actions of the supplier of business software aimed at preventing customers from employing independent maintenance businesses.

· Advised on the issue of dominance in the ports sector in connection with the provision of port facilities and associated services.

· Advising ship owners on the implications of the repeal of Regulation 4056/86 and the introduction of Regulation 1416/2006, including compliance reviews of existing pooling/ship management agreements, advice on potential alternatives, and provision of self-certification statements. Assisting in the development of Scheme 810.

· Advising various water undertakings on the application of competition law to the water sector generally and in the context of issues such as inset appointments, bulk supply agreements, sale of infrastructure data, the new water supply licensing regime and the introduction of non-household retail competition. Supported companies in the creation of joint ventures to service the new retail market.

· Advising a trade association in the self-storage sector on the compatibility of proposed VAT changes with state aid rules;

· Advising a company engaged in online travel retail concerning the compatibility of various vertical agreements with the applicable competition rules, with particular focus on the distinction between agents and distributors.

· Advising various product manufacturers on the design and implementation of EU-wide distribution strategies and the competition law implications of different distribution models (including selective distribution, exclusive distribution, agency and franchise models).

· Assisting with anti-trust audits to help clients identify any current or potential infringements of competition rules and devising compliance programmes to help prevent future infringements.

· Advising on the public procurement implications of various local authority infrastructure projects.

· Lobbying European institutions, national Permanent Representatives and Trade Organisations.

COMPETITION CONTENTIOUS EXPERIENCE

· Advised a major pharmaceutical company in relation to potential litigation concerning anti- competitive practices in the development and manufacture of pharmaceutical products.

· Providing support to a range of clients on the potential use of competition law in the context of contractual disputes, including contract termination and the enforcement of intellectual property rights.

· Advised Thames Water on its intervention in an appeal by Albion Water before the Competition Appeal Tribunal against a decision by Ofwat: Case 1042/2/4/04 – Albion Water Limited v Water Services Regulation Authority (formerly the Director General of Water Services (Thames Water/Bath House) (successful).

· Assisting Bristol Water with its intervention in an appeal by Independent Water Company before the Competition Appeal Tribunal against Ofwat’s refusal to investigate an abuse of dominance complaint: Case Number 1058/2/4/06 – Independent Water Company Ltd v Water Services Regulation Authority (formerly the Director General of Water Services) (successful).

· Assisted with mediation between a research-based company and a generic manufacturer in relation to access to data required to comply with European rules on the re-registration of certain chemicals.

REGULATORY EXPERIENCE

· Acted as lead advisor in the representation of Bristol Water before the Competition Commission in 2010 and before the Competition and Markets Authority in 2015 with regard to a full redetermination of its regulated price controls.

· Advising various UK water companies on their strategy and regulatory submissions with regard to the 2009, 2014 and 2019 Ofwat Price Reviews.

· Supporting water companies in day-to-day compliance with regulatory and statutory obligations and compliance with Licence conditions.

· Assisted water companies in arrangements with licensees and third parties, including contract negotiations and drafting of a water wholesale master agreement and individual supply agreements, including calculation of the access price.

· Advising on the drafting, and process for amendment, of various Licence conditions for a number of water companies, including representation during engagement with Ofwat regarding industry- wide changes to the Licence.

· Advice on the Freedom of Information Act 2000 and Environmental Information Regulations 2004 to a generic agrochemicals manufacturer, with a view to both obtaining information from the Chemicals Regulatory Directorate, and preventing the release of the client’s own information to third party requestors.

· Advised on the regulatory situation in the UK for the provision of television services on mobile telephones.

· Advised clients in regard to the EU’s public procurement regime, including the implications of the new Remedies Directive.

· Advised on various environmental and regulatory issues including polluting emission and transfer registers, the Plant Protection Products Directive (Directive 91/414) and the Biocide Products Directive (Directive 98/8), and obligations under the Waste Electrical and Electronic Equipment and Restriction of Hazardous Substances Directives.

· Advising on the application of UK and EU export control rules.

· Assisting with an application for new exporter status and a review of duties imposed under the EU anti-dumping regime.

MERGER CONTROL EXPERIENCE

· Advised Platform Specialty Products (now Element Solutions) on its 2019 $4bn sale of Arysta Life Science to UPL, requiring merger control clearances in the EU, COMESA, CEMAC, Argentina, Brazil, Columbia, Costa Rica, Kenya, Mexico, Pakistan, Russia, South Africa, Tanzania, Ukraine, and the United States.

· Advised Atlas Mara Limited in relation to the COMESA merger control filing submitted in respect of its $61m acquisition of Finance Bank Zambia plc, a multi-service bank with operations in Zambia.

· Advising AstraZeneca on various transactions, including the antitrust aspects of the auction sale of its AstraTech medical devices business to Dentsply for $1.8bn, involving detailed regulatory risk analyses for various bidders and merger filings in Germany, Norway, Turkey and the US.

· Acted for Nomad Foods Limited in obtaining merger control clearance in Russia for its €2.6 billion acquisition of the Bird’s Eye/Iglo group and its subsequent £500 million acquisition of the continental European business of the Findus Group, which required coordination of merger control clearances in Austria, Germany and Spain as well as detailed EU antitrust advice on information exchange issues.

· Advising Rentokil Initial on various transactions, including the competition aspects of, and EUMR filing for, Rentokil’s joint venture with Haniel & CIE., which created a leading provider of workwear and hygiene services in Europe with combined revenues of c. €1.1bn, and obtaining clearance from the OFT for its 2011 acqusition of the pest control, fire and water business of Santia.

· Advising Smiths on various transactions, including its disposal of its Wallace IVF business to CooperSurgical and the sale of Smiths Interconnect microwave business to Infinite Electronics, each involving jurisdictional analysis for various bidders and other strategic advice.

· Acted for a marine navigation company in its acquisition of an entity active in overlapping markets, including obtaining clearance of the transaction in Brazil, Russia and Cyprus.

· Obtained clearance from the Office of Fair Trading for Sport Universal Process’ (trading as Amisco) 2011 acquisition of Prozone, its competitor in the sports performance data market.

· Obtaining merger control clearances in various jurisdictions, including in relation to: Jarden/Yankee Candle; Volvo/GKN; Teekay/Torm/OMI (Global); Palmery/Consolidated Minerals (Global), and others.

· Providing input into the competition law aspects of due diligence and transactional documents, including asset purchase agreements, share purchase agreements and transitional services arrangements.

· Advising on the strategic aspects of a merger control process, including the voluntary nature of the UK regime, the creation of clean teams, managing information exchange risks, and dealing with interim enforcement orders.

· Drafted comments to be filed by an interested party in respect of the NYK/LauritzenCool 2005 EU merger review and assisting with comments filed in respect of the APMM/Brostrom 2009 EU merger review.

ANTI-CORRUPTION, SANCTIONS AND EXPORT CONTROLS EXPERIENCE

· Advising multi-national corporate clients on the design and implementation of anti-corruption programmes, including risk assessments and compliance audits, as well as the amendment of existing anti-corruption compliance policies to bring them in line with the requirements of the Bribery Act 2010.

· Advising on fraud and corruption related enforcement actions, strategy, and internal investigations, including challenging the removal of banking facilities in relation to potential AML infringements and advising on the implications of SARs.

· Supporting clients in due diligence exercises for financing, including disclosure against sanctions, export controls, AML and bribery related warranties.

· Participating in a global anti-corruption compliance programme, and associated financial controls project, in response to a major FCPA investigation.

· Advising on the application of UK and EU sanctions, and supporting clients in complying with the requirements of the UK’s export controls regime.

· Raising internal and client awareness on the implications of the Bribery Act 2010, both generally and in relation to due diligence, impact on agreements and other transactions, etc.

· Providing training sessions to clients on the scope and application of Bribery Act 2010 across a range of sectors, targeted at both management and operational staff.

ARTICLES & LECTURES

Articles

· Contributor to: GTM Competition Alerts; GTM Bribery Act Alerts; GTM Brexit Alerts; GT Antitrust Quarterly; GT M&A Reporter; and GT Franchising & Distribution Newsletter.

· Private Action Reform: will it really benefit SMEs? – Competition Law Journal, Vol 12, Issue 2, 2013.

· July 2011 U.K. Issues Guidance For Bribery Act – National Defense Industry Association Magazine.

· December 2010 “The Long arm of the UK Bribery Act” – National Defense Industry Association Magazine.

· 2005 To commit or not to commit – Competition Law Insight.

· 2005 UK merger policy to get another health check – Competition Law Insight.

· WFW Competition Alerts (2004-2009)

Lectures

· Speaker at WaterUK Lawyers conferences in 2017 and 2019 on competition and regulatory issues.

· Speaker at Lloyds Maritime Academy: EU Competition Law and the Shipping Industry Conference on 27 March 2008 – Understanding the New EU Competition Law Regime in the Maritime Industry.

· Delivering competition law compliance seminars to clients and client training on Freedom of Information Act 2000, Environmental Information Regulations 2004 and Bribery Act 2010.

· Internal training seminars on merger control, vertical agreements, Brexit, Unfair Trading Regulations, access to information regimes and the Bribery Act 2010.