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STEPHEN CHARLES TUPPER
Barrister, Member of the Bars of England and Wales
Attorney, Member of the New York Bar
Solicitor, Member of the Law Society of England and Wales
Born: 26 December 1958, Imtarfa, Malta G.C.
22 Disraeli Road, Ealing, London W5 5HP (2015 – present)
Launched a specialist competition and regulatory law “sole practice” on 10 July 2015. Winner of Competition Team of the Year at the 2017 British Legal Awards.
Greenberg Traurig Maher LLP
7th Floor, 200 Gray’s Inn Road, London WC1X 8HF 2009 – 2015
Joined in September 2009 as the head of GTM’s Competition and Regulatory Team. Recognised by the legal directories to be one of the country’s leading advisers to the water industry whilst maintaining his broader competition and merger control practice. He and his GTM team were short-listed for a Legal Business award in 2011.
Watson, Farley & Williams LLP 2004 – 2009
15 Appold Street, London EC2A 2HB
Took over as Head of the firm’s Competition and Regulatory Group in January 2004. Principal focus was on UK and EC competition law and the environmental law and policy of the European Union.
Hammonds 1992 – 2004
Avenue Louise 250, B-1050 Brussels (1992 – 1998) and
7 Devonshire Square, Cutlers Gardens, London EC2M 4YH (1998 – 2004)
Became head of the firm’s European Law Unit and the Managing Partner of the Brussels office in December 1992. Moved to the London office in January 1998 to head of the firm’s UK Competition and Regulatory Team. Practice covered the full spectrum of European Community (“EC”) law with particular emphasis on competition, regulatory and environmental law.
Stanbrook and Hooper 1988 – 1992
Rue du Taciturne 42, B-1000 Brussels
Joined in April 1988. Made salaried partner in 1989 and an equity partner in 1991. Work included advising clients on numerous aspects of EC law including: environmental law; competition/anti-trust; anti-dumping; customs; and general regulatory issues.
Anderson Russell Kill & Olick 1983 – 1988
666 3rd Avenue, New York, NY 10017 (1983 – 1984) and
K Street, Washington DC, 20006 (1984 – 1988)
Practice encompassed all phases of commercial litigation with an emphasis on insurance coverage actions and environmental claims.
Chambers of Randolph Fields 1983 -1984
6 Grays Inn Square, London
Represented, as a barrister, leading American asbestos manufacturers and pharmaceutical companies involved in ongoing mass toxic tort cases. Specialised in the insurance and litigation aspects of asbestos, diethylstilbestrol (DES) and environmental cases.
University of Buckingham 1978 – 1980
B.A., with Honours, European Studies (graduated with honours in English Law and European Institutions). Studies in English Law, EC Law and Institutions, and French Law and Language.
Université d’Aix Marseilles 1978 – 1979
Diplôme en droit (graduated second in class with distinction). Studies in French Constitutional, Administrative and Civil (first and second years) Law.
Université Catholique de Lille 1977
Diploma, French Language.
Member of the Law Society of England and Wales, July 1996.
Member of the Bars of England and Wales, November 1982.
Member of the New York Bar, July 1986.
Member of the following: Competition Law Association and the Law Society’s Competition Section.
- Competition Law (Band 6 – 2015)
- Water Law (Band 3 – 2015)
- Water Law – Leading Individual (Band 1 – 2016)
- Competition Law – Ranked Lawyers (Band 3 – 2017)
- Water Law – Ranked Lawyers (Band 1 – 2017)
English (mother tongue)
COMPETITION LAW EXPERIENCE
- Winner of Competition Team of the Year at the 2017 British Legal Awards.
- Shortlisted for 2011 Legal Business’ Competition Law Team of the Year for work on Bristol Water price redetermination before the Competition Commission (see below).
- 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 (see below).
- Principal adviser to the claimant in Socrates Training v. The Law Society the first ever stand-alone damages action filed before the Competition Appeal Tribunal under the newly instigated procedure.
- Represented Bristol Water in its successful price redetermination challenge before the Competition Commission in 2010. Instructed again by Bristol Water in the same challenge in 2015.
- Regular adviser to many of the 18 water undertakings in England and Wales as well as Water UK the water industry’s trade body.
- Adviser in relation to, and completion of, numerous notifications to national competition authorities and the European Commission, relating to mergers and acquisitions, joint ventures and other commercial agreements including: Volvo CE/Terex; Platform/Arysta; Manwin/Reality Kings (Global); Volvo/GKN (Global); Rentokil/Connaught (UK); Rentokil/Better Capital (UK/Ireland); Astra Zeneca/Dentsply (Global); Amisco/Prozone (UK); Siemens/Babcock (EU); ITW/Orgapack (UK); Guilbert/WH Smith (UK); Vopak/Ellis & Everard (EU); Delta/PanAm (EU); Fort Howard/James River (UK); Hallmark/ Creative Publishing (UK); Findel/Novara (UK); Babcock/Rosyth (EU); Textron/David Brown (Pan-European); Teekay/Torm/OMI (Global); Palmery/Consolidated Minerals (Global), etc.
- Organised anti-trust audits to help clients identify any current or potential infringements of competition rules and devising compliance programmes to help prevent future infringements.
- Assisted several clients under investigation by national competition authorities or the European Commission.
- Represented clients in infringement proceedings before European institutions, in particular, the European Commission, the European Court of First Instance and the European Court of Justice.
- Advised in regard to the appeal concerning to the first ever notification decision by the Office of Fair Trading under the Competition Act, 1998, covering the creation and future operations of the General Insurance Services Council.
- Represented, including advocacy, companies before the Competition Appeal Tribunal in the Ofwat/Aquavitae (successful), Albion/Thames Water (successful) and IWC/Bristol (successful) cases, as well as Socrates/Law Society (pending).
- Advised in regard to one of the first ever successful applications for leniency under the Office of Fair Trading’s so-called “whistle blowers” programme in the Flat Roof Contractors cartel case.
- Participated in, and organised, ground-breaking mediations in regard to disputes concerning data-sharing in the agricultural and biocide chemicals sectors.
- Adviser to four UK water companies and the industry’s trade association in regard to the attempts by the sector regulator to enforce “common carriage” via the Competition Act, 1998.
- Adviser to numerous utilities, including London Underground, and other public bodies (e.g. the Ministry of Defence), in regard to the EU’s public procurement regime.
- Regular adviser to energy businesses including providing regular assistance to Utilita, a ground-breaking supplier to the “energy poor” in the UK.
- Assisted a number of clients, including English Partnerships, in regard to the EU’s state aid regime.
- Advised a client with regard to a full investigation into allegations of resale price maintenance and achieved a zero fine result.
- Advised Bristol Water with regard to a Competition Act investigation by Ofwat as regards activities in the “self lay” sector which was settled by way of commitments.
- Advised numerous clients with regard to enforcing their rights under applicable competition legislation against dominant undertakings.
- Advised a ship owner with regard to a seminal dispute concerning the legality of a shipping pool.
- Instigator of a competition law pro bono scheme for both the Bar and the Law Society.
- Designer of Scheme 810 compliance solution for maritime transport companies engaged in pools, conferences, etc.
ARTICLES & LECTURES
- Author, “The Competition and Markets Authority’s 2017 Study in care”, Nursing and Residential Care, February 2017
- Author, “Ultra Finishing – where did they go wrong?”, KBB Review, June 2016
- Author, “Cartel fines for Hitachi and Mitsubishi – first part of the story”, February 2016
- Author, “Riddle me this?”, Utility Week, September 2010
- Author, “Bulk up your ideas”, Utility Week, June 2010
- Author, “The Art of Squaring Circles”, Utility Week, May 2010
- Author, “Pro Bono Competition Venture Wins More Firms and Attracts EC Interest”, Legal Week, February 2008
- Author, “United for the Cause”, Legal Week, February 2008
- Author, “Regulating Utilities and Promoting Competition – Lessons for the Future”, ECLR Book Review, 2008
- Author, “EU Energy Law – The Internal Energy Market and EU Competition Law and Energy Markets”, ECLR Book Review, 2008
- Author, “Shipping Conferences under EU Antitrust Law – Criticism of a Legal Paradox by Luis Ortiz Blanco”, ECLR Book Review, 2008
- Author, “The CAT’s Cradle”, Utility Week, March 2007
- Author, “Can Everyone Please Get Out of the Pool”, Legal Week, February 2007
- Author, “Reform of the EU’s Pesticides Directive Guaranteed to Kill All Known Competition”, Competition Law Journal, December 2006
- Author, “Out with Insets”, Utility Week, October 2006
- Author, “Crime and Punishment”, Building Week, August 2005
- Author, “Advent of Free Market Will Pose New Challenges”, Lloyd’s List, April 2005
- Author, “The Cover is Blown”, Estates Gazette, June 2004
- Author, “Cartels Face Severe Penalties”, Construction News, April 2004
- Author, “Room Without a View”, Utility Week, June 2002
- Author, “The Frontier of Power for the EU”, Natural Resources & Environment, June 2000
- Author, “A Long Way from Basel Clarity: Implications of the Basel Convention for the Consumer Electronics Sector”, European Environmental Law Review, March 2000
- Author, “Claims Made Policies”, Environmental Liability, January 1999
Stephen is a regular speaker/presenter at international conferences on EU and competition law topics.