Michelle Clark
Partner, Antitrust & Competition
Michelle Clark is a partner in Willkie’s Antitrust & Competition and Litigation practices in London. Her areas of practice include competition litigation, UK and EU regulatory investigations and GDPR/Data Protection Act 2018 compliance and litigation.
Michelle is recognised in the market as a leading competition lawyer with particular experience in competition litigation. Acting for both claimants and defendants, she regularly coordinates multi-jurisdictional litigation with a particular focus on collective actions, cartel damages and abuse of dominance claims, often involving intellectual property and FRAND issues. Her experience includes litigating in the English High Court, the Competition Appeal Tribunal and the Court of Appeal. Michelle also advises clients in relation to competition investigations, both infringement proceedings and market sector inquiries, and consequential appeals and judicial reviews following decisions of competition and regulatory authorities. Michelle's vast experience spans multiple industries, with a particular focus on the financial services, automotive, retail, sports, media, pharmaceutical and technology sectors. Michelle also provides strategic and general competition counselling advice.
Alongside her busy competition litigation practice, Michelle is a highly regarded data protection lawyer. She regularly advises US/EU companies on GDPR and Data Protection Act 2018 compliance, data transfers, breaches and data protection litigation.
Michelle is recognised by Law.com in its “Rising Stars 2022: The UK's Best Up and Coming Female Lawyers” list, as one of the UK’s top 25 female lawyers under age 40. Michelle is ranked as a “Next Generation Partner” by The Legal 500 UK (2023) for Competition Litigation and was also ranked as a “key lawyer” by The Legal 500 UK for Competition Litigation in 2020 and 2021.
Experience
Michelle has advised on the following selected significant matters.*
Antitrust and Competition Litigation
- Advised Daimler AG and Mercedes-Benz Cars UK Limited on their defence of multiple cartel damages claims arising from the European Commission’s decision in respect of a cartel in relation to the trucks market.
- Advised Daimler AG in the pursuit of cartel damages claims against various suppliers of automotive parts and services and coordinating claims in the UK, Germany and US, including representing Daimler AG in its claim for cartel damages against a number of shipping companies providing vehicle carriage services in the English High Court and Jersey State Court.
- Advised some of the largest asset managers including Allianz Global Investors, PIMCO, Brevan Howard and major pension funds such as Danish pension fund (PFA) and the Swedish State Pension funds in cartel damages claims arising from two European Commission decisions against major banks for manipulation of foreign exchange markets.
- Acted for Qualcomm Incorporated defending patent, competition and FRAND claims brought by Apple in the English High Court.
- Acted for Gascoigne Halman in its competition law defence of breach of contract claims by Agents Mutual in the Competition Appeal Tribunal.
- Acted for a major transport services corporate in defence of claims that an exclusivity agreement was in breach of competition law.Acted for a number of companies on competition law claims and defences in confidential arbitrations under LCIA and SCC rules.
- Advised the Premier League on a wide range of litigation including copyright and competition law claims and defences in the High Court, Competition Appeal Tribunal.
Market/Sector Investigations
- Acted for the Premier League in relation to its defence of Ofcom’s investigation under the Competition Act 1998 into the sale of its broadcasting rights to live matches.
- Advised Football Dataco in relation to two complaints alleging various breaches of competition rules in the sale of football match data.
- Acted for a pharmaceutical company in respect of the European Commission’s decision in one of the ‘pay for delay’ cases.
- Acted for Debenhams Plc in the CMA’s resale price maintenance investigation into pricing of sports bras which was closed with no grounds for action.
- Acted for Automotive and Insurance Solutions Plc in the CMA’s Private Motor Insurance market investigation.
- Advised a major airline in relation to the CMA’s investigation into airline payment surcharges under the Consumer Protection from Unfair Trading Regulations 2008.
GDPR
- Advising on GDPR/Data Protection Act 2018 compliance in the context of global litigation.
- Advising a number of US corporations on GDPR/Data Protection Act 2018 compliance and the transfer of personal data to the US.
- Advising large corporates in relation to GDPR/Data Protection Act 2018 breach investigations, notifications to ICO and breach litigation in the High Court.
- Advising individuals on breaches of the GDPR/Data Protection Act 2018 by corporates.
*Michelle advised on some of these matters prior to joining Willkie.
Credentials
Education
King's College London, EU Competition Law Masters, 2017 Qualified Lawyers Transfer Test (England & Wales) , 2016 University of Glasgow Graduate School of Law, Diploma in Legal Practice, 2007 University of Glasgow, LLB (Hons), 2006