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Whiteford, Elaine

Elaine Whiteford

Partner

elainewhiteford@quinnemanuel.com
Direct Tel: +44 20 7653-2080
London
Tel: +44 20 7653 2000 Fax: +44 20 7653 2100

Elaine Whiteford is a partner in Quinn Emanuel’s London Office.  She has over 15 years’ experience of contentious EU, Competition and Regulatory work, specializing in follow-on damages litigation, challenges to regulatory decisions, cartel and other regulatory investigations and commercial litigation involving competition law issues. 

Ms. Whiteford has been involved in many of the most significant competition damages cases in recent years including: iiyama, Emerald Supplies v BA,  Vodafone v Infineon, Enron v EWS, Devenish, Provimi, Cooper Tyre, Crehan and National Grid v Prysmian and others.  She has experience in co-ordinating multi-jurisdictional litigation on behalf of claimants and defendants and in advising on proactive litigation strategies as well as options for avoiding litigation.  Ms. Whiteford has experience litigating claims before the High Court, the Competition Appeal Tribunal, the Court of Appeal, the General Court of the European Union and the European Court of Justice, including one of the few abuse of dominance claims to go to trial in England (Arriva the Shires v LLAOL).  She has represented a number of clients facing investigation by the European Commission, the FCA, the CMA, Ofwat and Ofcom. 

Ms. Whiteford has also been a law lecturer teaching EU law and UK Constitutional law at Universities in the UK and the Netherlands.  She regularly writes and speaks on topics related to her practice.

  • Samsung
  • Prysmian
  • Qantas
  • Daimler
  • Fiat Chrysler Automobiles
  • Japan Tobacco
  • EWS
  • Associated British Foods
  • Acting for Samsung defending claims in the High Court for cartel damages arising from the European Commission’s LCD decision.  These proceedings raise ground breaking issues relating to the territorial scope of EU competition law in private damages actions.
  • Defending claims in the High Court for cartel damages arising from the European Commission’s smart card chips decision.
  • Defending claims in the High Court for damages arising from the European Commission’s air cargo decision. Also advising in relation to corresponding litigation in the Netherlands and Germany.
  • Defending claims brought in the Competition Appeal Tribunal for damages arising from the ORR finding that EWS abused its dominant position in the UK market for carriage of coal by rail. The claimants recovered nothing.
  • Acting for the claimant seeking compensation in the Competition Appeal Tribunal for damages arising from an Ofgem decision relating to abuse of dominance in the market for the supply of gas meters.
  • Defending claims in the High Court for cartel damages arising from the cartels in BR and ESBR rubber.  This case is one of the leading authorities in connection with jurisdiction in competition damages claims.
  • Defending claims for cartel damages in the High Court arising from the vitamins cartels.  This case is the leading authority on remedies for competition damages in English law.
  • Defending the first action for follow-on competition damages filed in the High Court.  This case is a leading authority on jurisdiction in competition damages claims and certain pleading issues.
  • Acting for a manufacturer of impulse ice-cream claiming damages in jurisdictions around the EU in relation to anti-competitive behaviour by a competitor in relation to freezer exclusivity arrangements.
  • Defence of only the second abuse of dominance claim to go to trial in England.  Expedited trial, which also saw a contested interim injunction hearing and a contested specific disclosure hearing.
  • Negotiating a suite of anti-counterfeit and contraband agreements concluded with the European Union and 26 of its Member States.
  • Inns of Court School of Law
  • (Bar Vocational Course, Law, 1999)
  • The Nottingham Trent University
  • (PGDL, Law, 1998)
  • Rijksuniversiteit Leiden
  • (PhD, Law, 1997)
  • The University of Edinburgh
  • (LL.B., 1990)
Barrister, England and Wales
  • Covington & Burling LLP:
    • Partner, 2016-2019
  • King & Wood Mallesons LLP:
    • Partner, 2013-2016
  • Berwin Leighton Paisner LLP:
    • Partner, 2011-2013
  • Freshfields Bruckhaus Deringer LLP:
    • Counsel, 2000-2011
  • University of Nottingham:
    • Lecturer in Law, 1995-1998
  • Rijksuniversiteit Leiden:
    • Research Fellow, 1991-1995
  • Queen Mother Scholarship, awarded by the Honourable Society of the Middle Temple
  • Blackstone Entrance Exhibition, awarded by the Honourable Society of the Middle Temple
  • Actions for Damages in the Netherlands, the United Kingdom and Germany 2016-2017 in Journal of European Competition Law and Policy 2018 pp 55-73 (with Kuipers, Palumbo and Paul).
  • Actions for Damages in the Netherlands, the United Kingdom and Germany 2014-2016 in Journal of European Competition Law and Policy 2017 pp 47-65 (with Kuipers, Tuinenga and Paul).
  • “Conspiracy, Contribution, Disclosure and Limitation – Last Year’s Lessons from the English Courts”, in The International Comparative Guide to Competition Litigation 2016.
  • “Tyres, Umbrella Claims and Limitation – Lessons from the English Courts over the last 12 months” in The International Comparative Guide to Competition Litigation 2015.
  • “Half a Revolution? Damages for Breach of Competition law in the EU”, CPI Antitrust Chronicle, February 2015.
  • "Harmonisation of Actions for Cartel Damages - Not the White Paper" in Bulterman, Hancher,  McDonnell and Sevenster, (eds) Views of European Law from the Mountain.  Liber Amicorum Piet Jan Slot, Kluwer, June 2009, pp. 223-233.
  • Member, the Honourable Society of the Middle Temple
  • Member, Competition Law Association
  • Member, American Bar Association, Section of Antitrust Law
  • Co-Chair of the Private Litigation Committee of the ABA Section of Antitrust Law