The Competition and Markets Authority (CMA) is the United Kingdom’s primary competition and consumer authority with responsibility for carrying out investigations into mergers and markets, regulatory appeals and enforcing competition and consumer law. The CMA’s responsibilities have increased by the passing of the Digital Markets, Competition and Consumers Act 2024, which establishes a new administrative enforcement model of consumer protection and introduces a statutory pro-competition regime for digital markets through its Digital Markets Unit.

Standing Counsel recruitment

The CMA first established its Standing Counsel panel in 2015 and in light of the success of these arrangements, the consistent and rapid growth in the volume and breadth of litigation that the CMA undertakes and the expected increase in its enforcement activity, the CMA wishes to appoint at least six additional counsel to its Standing Counsel panel. In combination we expect these appointments to bring generalist expertise in public law and competition law, as well as particular expertise in:

  • Digital markets and/or technology regulation to assist with the Digital Markets Unit;
  • Consumer law to assist with the new administrative enforcement model; and
  • Director disqualification.

Applicants may specialise in one or more of these areas. Appointments will be made under the following arrangements:

  • The appointment will be for an initial period of three years, with the potential for an extension for up to a further three years;
  • Standing Counsel will be expected to prioritise accepting instructions from the CMA wherever possible;
  • Before accepting any instructions to act against the CMA, or which might lead to acting against the CMA, Standing Counsel will notify the CMA of the proposed instruction. The CMA will consider these notifcations on a case-by-case basis to ensure any such instructions do not risk giving rise to a conflict of interest; and
  • Standing Counsel will be expected to deliver training sessions to CMA staff throughout the duration of their appointment.

Eligibility

  • At least five years’ experience (usually from the end of the successful completion of pupillage);
  • An extensive and proven track record advising and litigating in one or more of the following practice areas: competition law, consumer law; digital regulation, public law and/or director disqualifcation, and a willingness to advise the CMA and develop expertise across these areas;
  • Proven record as an advocate in the Competition Appeal Tribunal or other relevant courts/tribunals in the UK; and
  • Demonstrate an appreciation of the special demands of litigating for public bodies.

Application process

The appointment will be made following this open advertisement and application process.

Applications close at 4:00pm on Friday 20 September 2024.

All applicants will be required to complete a standard application form and provide written examples of their work.

Interviews are expected to take place during the weeks commencing 4 November to 29 November 2024.

For further information on the application process, please refer to the application pack on the government's Working for CMA website or email: standingcounsel2024@cma.gov.uk

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