NicholasCotter (Nick)

Partner

(T) + 44.20.7039.5118 (F) + 44.20.7039.5999

Nick Cotter represents clients in high-value antitrust and regulatory litigation, including acting for Mastercard in its defense of numerous multimillion pound claims by European retailers, such as Sainsbury's, Arcadia Group, and Deutsche Bahn, alleging that its interchange fees and certain network rules are anticompetitive. He has obtained groundbreaking judgments in the competition sphere in the English High Court and Court of Appeal in this regard, including the first judgment in the United Kingdom dealing with passing on of loss in July 2016 and defeating the £437m claim of a number of large UK retailers led by Asda Stores Limited against Mastercard in January 2017.

Nick also has acted for telecom companies such as Digicel and Lycamobile in proceedings in the English courts, from the High Court up to the Privy Council, and in various Caribbean courts dealing with interconnection fees, market access, and anticompetitive practices.

In addition, Nick regularly acts for clients in general commercial disputes in litigation and arbitration, covering warranty claims (including for Schneider Electric in claims arising from its acquisition of an automation business in the Middle East), fraud (successfully taking claims to judgment for Parker Hannifin and NTR Metals), and dealing with other contract issues (such as Digicel's high-profile arbitration dispute with the West Indies Cricket Board with respect to the Stanford $20m T20 cricket match).

Experience

  • Digicel makes claim against Cable & Wireless in English High Court for unlawful means conspiracy and breach of statutory dutyJones Day represented Digicel in respect of its English High Court claims against Cable & Wireless for unlawful means conspiracy and breach of statutory duty based on C&W's alleged attempts to obstruct Digicel's entry into seven Caribbean markets.
  • Digicel Jamaica involved in ICC arbitration claim against C&W for unpaid interconnection fees in Jamaican telecommunications marketJones Day represented Digicel Jamaica in relation to its ICC arbitration claim against C&W for unpaid interconnection fees in the Jamaican telecommunications market.
  • Cayman building supplies store pursues indemnity action against insurers for losses during Hurricane IvanJones Day represented Cayman building supplies store in its claim against insurers for an indemnity against losses sustained during Hurricane Ivan.
  • Global Voice Networks conducts expert determination process with Viatel involving operating costs for fibre transfer agreementJones Day represented euNetworks in its expert determination process with Viatel concerning the correct apportionment of operating costs in relation to their combined fibre optic network assets.
  • Digicel successfully resolves high-profile dispute with West Indies Cricket Board involving Stanford 20/20Jones Day successfully represented Digicel (Jamaica) Limited ("Digicel"), formerly known as Mossel (Jamaica) Limited, in its high-profile dispute with the West Indies Cricket Board ("WICB") and Stanford 20/20 LLC in respect of the Stanford 20/20 for $20 million cricket series, a series of five cricket matches between England and a Stanford Superstars team due to take place in Antigua on 1 November 2008 and four subsequent years.
  • Parker Hannifin obtains EU General Court reduction of marine hose cartel fineJones Day represented Parker Hannifin Corporation and its Italian subsidiary, Parker ITR Srl, in connection with antitrust investigations in the European Union, the U.S., Brazil, Japan, and Australia relating to the conduct of manufacturers of marine hoses used to transport crude oil to and from ships.
  • Digicel Cayman attempts to thwart Cable & Wireless' application for judicial review of telecommunications interconnection rates in Cayman IslandsJones Day represented Digicel Cayman Limited in its application to set aside Cable & Wireless' ex parte permission to apply for judicial review of telecommunications interconnection rates in the Cayman Islands, both in the Grand Court and in the Cayman Islands Court of Appeal.
  • Digicel Trinidad & Tobago applies for judicial review of regulatory tribunal decision relating to telecommunications interconnection ratesJones Day represented Digicel Trinidad & Tobago Limited in its application for judicial review of a decision of a regulatory tribunal in relation to telecommunications interconnection rates.
  • Alenco Holdings pursues fraud claims against former director in High CourtJones Day represented Alenco Holdings Ltd., a subsidiary of Parker Hannifin Corporation, and others in their High Court claims against a former director who defrauded them of substantial sums.
  • Fujitsu Consulting pursues claim pursuant to contract to develop Capital One's internet banking systemJones Day represented Fujitsu Consulting in its claim in the Technology and Construction Court pursuant to a contract to develop a bespoke Internet banking system for Capital One.
  • SunGard pursues High Court claim seeking proprietary source code and associated documentsJones Day represented SunGard Data Systems, Inc. in a High Court claim seeking delivery up of proprietary source code and associated documents.
  • Pihsiang Machinery defends against litigation involving termination of exclusive European distribution agreementJones Day defended Pihsiang Machinery Manufacturing Co. Limited and others in relation to a multi-million dollar commercial court claim arising from the termination of an exclusive European distribution agreement.
  • Russian Standard Group defends against proceedings by BNP Paribas and CetelemJones Day represented Russian Standard Group in a commercial dispute with BNP Paribas related to the proposed acquisition by Cetelem, an affiliate of BNP Paribas, of a 50% interest in the client.
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