Nicholas Cotter (Nick)

Partner

伦敦 + 44.20.7039.5118

Nick Cotter 代理客户处理高额反垄断及监管诉讼案件,包括代表万事达卡(Mastercard)应对欧洲多家零售商(如Sainsbury’s、Arcadia Group和德国联邦铁路)提出的数起索赔金额达数百万英镑的诉讼,这些零售商指控万事达卡的转账费及某些网络规则具有反竞争性。

在此方面,他已在英格兰高等法院和上诉法院就竞争法领域争取到具有开创性意义的判决,包括2016年7月英国首例涉及“损失转嫁”的判决,以及2017年1月驳回由Asda Stores Limited牵头的多家英国大型零售商针对万事达卡(Mastercard)提出的4.37亿英镑索赔请求。

Nick还曾代表Digicel和Lycamobile等电信公司,在从英国高等法院直至枢密院的各级法院,以及加勒比地区各法院的诉讼中,处理涉及互连费、市场准入及反竞争行为的案件。

此外,Nick还经常代表客户处理一般商业争议的诉讼和仲裁,涵盖保修索赔(包括代表Schneider Electric处理其收购中东自动化业务所引发的索赔)、 欺诈(曾成功为Parker Hannifin和NTR Metals赢得判决),以及处理其他合同问题(例如Digicel与西印度群岛板球委员会就斯坦福2000万美元T20板球比赛引发的备受瞩目的仲裁争议)。

经验

  • Mastercard wins Brexit limitation appeal in retailer interchange fee litigationJones Day represented Mastercard International Inc. in its successful defence of an appeal in relation to limitation issues in the retailer interchange fee litigation in the United Kingdom.
  • Mastercard wins limitation judgment in retailer interchange fee litigationIn its ongoing representation of Mastercard International Inc., Jones Day won a Competition Appeal Tribunal judgment on limitation issues in the retailer interchange fee litigation in the United Kingdom.
  • Automotive supplier defends against cartel damage claimsJones Day represents an international automotive supplier in cartel damage follow-on action.
  • Mastercard successfully resists summary judgment applicationJones Day represented Mastercard defending an application for summary judgment brought by numerous retailers in respect of their claims which allege that multiple types of Mastercard's interchange fees for credit and debit cards violate EU and UK competition law (in particular, Mastercard's interchange fees which apply to commercial and consumer domestic, intra-EEA and inter-regional transactions).
  • Mastercard obtains preliminary issue judgment on applicable lawJones Day represented Mastercard International Inc. in respect of a preliminary issue in two sets of proceedings concerning the governing law to apply to claims brought by Italian retailers in the UK.
  • Koch Equity Development invests preferred equity in AIM listed Victoria plcJones Day advised Koch Equity Development LLC ("KED"), the acquisition and investment subsidiary of Koch Industries, Inc., on its investment into AIM listed Victoria plc ("Victoria"), a UK-based global designer, manufacturer, and distributor of flooring products.
  • MasterCard defeats UK litigation claim regarding interchange fees for payment card transactionsJones Day client MasterCard Incorporated has defeated a lawsuit brought by various UK retailers seeking £450m in damages for losses allegedly suffered as the result of MasterCard's arrangements for setting default interchange fees on payment transactions.
  • Mastercard wins limitation appeal relating to interchange fee claimsJones Day represented Mastercard International Inc. in its successful appeal seeking confirmation that damages claims brought by the UK retailer Dixons Retail Group Limited are in principle time-barred for the period 1992 to 1997.
  • Inmarsat and Ofcom prevail in appeal regarding Inmarsat's European Aviation NetworkJones Day represented Inmarsat Ventures Limited as intervener in a UK appeal by Viasat UK Ltd of The Office of Communication's ("Ofcom") decision to authorize Inmarsat to use complementary ground components as part of its European Aviation Network providing in-flight mobile communication services.
  • Mastercard defends against antitrust lawsuitJones Day defended Mastercard in a lawsuit brought by Europcar alleging that Mastercard's interchange fees since 1992 violated EU and UK competition law.
  • MasterCard resolves private enforcement claim surrounding allegations of excessive interchange feesJones Day represented MasterCard International in a private enforcement case initiated by Delhaize in relation to allegedly excessive interchange fees.
  • Lycamobile defends litigation over allegations its customers were deliberately blocked from accessing Lebara's servicesJones Day advised Lycamobile UK Limited on litigation before a UK court in connection with plaintiff Lebara’s claim against Lycamobile that Lyca intentionally blocked its customers' access to Lebara’s internet services.
  • 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.
  • NTR Metals defends pre-action disclosure application brought by Bullion BuyingJones Day represented NTR Metals, LLC in relation to a pre-action disclosure application brought by Bullion Buying Ltd.
  • ENRC acquires First Quantum Minerals' DRC assets for $1.25 billionJones Day advised Eurasian Natural Resources Corporation PLC ("ENRC") in its $1.25 billion acquisition of the residual assets and settlement of all claims in relation to the Democratic Republic of Congo operations of First Quantum Minerals Ltd.
  • MasterCard defends against European investigations and litigation regarding interchange fees for payment card transactionsJones Day advised MasterCard in the seminal, ongoing appeal of the 2012 European General Court's judgment regarding the legality of certain MasterCard interchange fees related to payment card transactions, as well as on Member State investigations and related private litigation for damages.
  • SAP's $1.3 billion jury award vacatedIn November 2010, Jones Day defended SAP AG, SAP America, Inc. and TomorrowNow, Inc. in an Oakland federal trial that was limited to the amount of damages to be awarded on Oracle's copyright claims.
  • Signature Capital acquires Neumarkt-Galerie through bidding processJones Day advised Signature Capital Limited, an Ireland-based private equity firm, in connection with the acquisition of the Neumarkt-Galerie mixed-use complex in downtown Cologne out of insolvency from the insolvency administrator Dr. Jörg Nehrlich of Goerg through a bidding process conducted by CB Richard Ellis.
  • 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.