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Scott S. Megregian

Partner
+44.(0)20.7360.8110
Fax +44.(0)20.7648.9001
+32.(0)2.336.1909

Scott Megregian is Co-Practice Group Coordinator of the firm’s global Antitrust, Competition and Trade Regulation practice group and a partner in the firm’s London and Brussels offices. He is a Competition and Regulatory partner and has more than 25 years of antitrust and competition experience, drawn from both sides of the Atlantic and spans transactional, dispute resolution, government investigation, regulatory and counselling engagements. Scott has extensive experience advising clients in the mining and metals, energy, chemicals, defence, sports and intellectual property sectors.

Scott also advises clients on regulatory issues in particular those arising from the EU's environmental initiative REACH. Scott advises clients in understanding and assessing the impact of the REACH and CLP Regulations on their product portfolio, helps companies prepare for REACH, drafts and reviews REACH related agreements as well as drafts legal opinions on the practical implementation of REACH requirements.

Scott was selected as a London Super Lawyer in 2015. Scott is recommended by Chambers and Partners for Competition and EU Law, clients say “he understands our business very well and is good at anticipating the impact of a particular course of action in one jurisdiction and globally.” Scott is also ranked by Legal 500 UK and clients say he is “‘a force to be reckoned with’ where the team handles competition matters for a range of clients.” Scott was also previously recognised as one of the “Top 40 under 40” lawyers by Global Competition Law Review. In addition, Legal 500 Europe recommends Scott for EU regulatory- Chemicals REACH and also Legal 500 UK recognises Scott for regulatory work within the environment sector, with “particular expertise in the EU’s REACH initiative.”

Professional Background

For most of the past decade Scott has practiced in London and Brussels and has focused on European Union competition and regulatory issues. Since October 2001 he was Partner and Head of European Competition Law at a leading international law firm, until joining K&L Gates in January 2010. He is currently Head of the firm's Global Antitrust Practice.

Achievements

  • Selected as a 2015 London Super Lawyer

Professional/Civic Activities

  • IBA (Member)
  • Assistant Basketball Coach, St Paul's Girls School and Queen's College

Speaking Engagements

  • "Is the EU Clamping Down on Pricing Legislation?", Argus Metals Week Conference 2016, London, UK, 7 March 2016.
  • "Antitrust Areas of Focus in an EU 2.0 Dimension", GII Antitrust Workshop, Brussels, Belgium,18 November 2015.
  • "Fair and Transparent Cost Sharing", IBC REACH: Legal Implications and Supply Chain Strategies Conference, Brussels, Belgium, 24 June 2015.
  • "Hot Topics in the Metals and Mining Sector: A Legal Perspective", Metal-Pages, FASA Conference, Barcelona, Spain, 10 November 2014.
  • "Risk and Best Practices Regarding Benchmark Pricing", Metal-Pages, Noble Allows North America 2014, New York City, USA, 13 June 2014.
  • "How Competition Laws apply to Price Discovery Practices", CDI Cobalt Conference 2014, Brussels, Belgium, 22 May 2014.
  • "Metals Benchmark Pricing: Avoiding Competition Law Risks”, Metal-Pages, FASA Conference, Barcelona, Spain, 11 November 2013.
  • "Benchmark Pricing in the Metals Sector: The Future of the LIBOR and Petroleum Pricing Investigations", K&L Gates, London, 10 October 2013.
  • "International Regulatory Issues affecting the Metals and Mining Industry", CRU Ryan's Notes Ferroalloys Conference, Miami, USA, 30 October 2012.
  • “Is the Pendulum Swinging back towards the Plaintiff”, 2011 Year-end Review of FTAIA Cases ABA Conference, January 27 2012. 
  • “A New Paradigm in Motorsport Licensing and Sponsorship”, the Racing Attorneys Conference, Indianapolis, Indiana, April 14 2011.
  • “EU Regulation of Sport and The Impact of the Lisbon Treaty”, European Sports Law and Business 2010, Geneva, Switzerland, October 20 2010. 
  • “EU Competition Issues in Mining Mergers”, International Bar Association, Vancouver, Canada, October 7 2010.
  • "Private Standards : Unilateral vs Collective Anti-competitive Conduct", International Bar Association, Madrid, Spain, October 15 2009.
  • "Antitrust Precautions for Consortia and SIEF Management", Eurometaux REACH Seminar on Requirements towards Registration, Brussels, Belgium, 14-15 May 2009. 
  • "Legal Aspects of SIEFs" Eurometaux SIEF Management Seminar, Brussels, Belgium, 8 December 2008.
  • "Lisbon Dilemma :  A US Perspective", International Bar Association, Buenos Aires, Argentina, 15 October 2008.
  • "Communications with the Supply Chain (Legal Obligations)" Nickel Institute-ENIA, Nickel REACH Compliance Workshop, Brussels, Belgium, June 3 2008.
  • "Data Ownership and Protection" Eurometaux REACH Seminar, Brussels, Belgium, May 20 2008.
  • "Who is Responsible for REACH Implementation?" Eurometaux  REACH Seminar, Brussels, Belgium, May 20 2008.
  • "Interpretation of the REACH Regulation"  Eurometaux REACH Seminar, Brussels, Belgium, May 20 2008.
  • "Managing the Review Process in Cross Border Transactions", IBC Summer School, Cambridge, UK, August 14 2007.
  • "Managing the Review Process in Cross Border Transactions", IBC Summer School, Cambridge, UK, August 17 2006.
  • "Understanding & Managing Risks from the EU Anti-cartel Regime", Korea Economic Daily Seminar, Seoul, Korea, June 13 2006.
  • "Going for Gold:  Key Drivers of US Private Antitrust Litigation", Law Society, London, UK, April 7 2006.
  • "Cutting Edge Distribution Issues in the Retail Sector:  Fidelity Rebates, Loyalty Programs and Category Management", British Institute of International and Comparative Law, London, UK, October 25 2005.
  • "Managing the Review Process in Cross Border Transactions", IBC Summer School, Cambridge, UK, August 4 2005.
  • "Competition Issues involving the Acquisition or Licensing of Intellectual Property", Korea Economic Daily Seminar, Seoul, Korea, May 17 2005.
  • "Towards a Comprehensive Private Enforcement Regime in the EU", International Bar Association, Rio de Janeiro, Brazil, May 13 2005.
  • "Cartel Agreements, Conspiracies to Defraud and the Statutory Cartel Offence", British Institute of International and Comparative Law, London, UK. February 22 2005.
  • "Silence, Lies and Cover-up, Responding to Cartel Investigations in the US, UK and EU", International Bar Association, Auckland, New Zealand October 26 2004.
  • "Merger Control", The Law Society's European Group, Brussels, Belgium June 25 2004.
  • "New EU Chemicals Policy", International Tungsten Industry Association Annual General Meeting, Prague, Czech Republic, September 16 2003.
  • “Latest Antitrust Developments in the US Pharma Market”, Eurolegal Conference, London, UK, June 9 2003.
  • “Competition Law and Compliance,” UK Petroleum Industry Association, London, UK, October 31 2002.
  • “Impact of the US Antitrust Laws on your IP Rights,” Eurolegal Conference, London, UK, June 24 2002.
  • “Impact of US Antitrust Laws on Biotech/IT Convergence,” Eurolegal Conference, London, UK, May 29 2002.
  • “Elements of U.S. Private Antitrust Litigation,” International Bar Association Conference, Cancun, Mexico, October 31 2001.
  • “International Investments: Identifying and Avoiding Competition Risks,” Center for International Legal Studies, Kitzbühel, Austria, March 19 2001.
  • “Legal and Business Issues in Business-to-Business Electronic Markets in the Metals Industry,” Ryan's Notes Ferroalloys Conference, Boca Raton, Florida, October 30-31 2000.
  • “Antitrust and Trade Developments in the Metals and Mining Industries,” Ryan's Notes Ferroalloys Conference, Boca Raton, Florida, October 26-27 1998.
  • “Avoiding Antitrust Complications: Mergers and Acquisitions in the Health Care, Information Technology Industry”, Washington, D.C., January 22 1998.
  • “International Joint Ventures,” Federal Publications, Washington, D.C. and San Francisco, California, May, June, October and December 1997.
  • “Antitrust Developments in the Metals and Mining Industries,” Ryan's Notes Ferroalloys Conference, Boca Raton, Florida, November 3-4 1997.
  • “Defending International Mergers,” European-American Chamber of Commerce, New York, New York, November 7 1996.
  • “Antitrust Issues in Mergers or Acquisitions of Natural Resources Companies,” Rocky Mountain Mineral Law Foundation, Santa Fe, New Mexico, November 11 1994.

Additional Information

Publications

  • “UK Competition Authority Challenges Online Resale Ban”, 10 June 2016
  • “CJEU Reaffirms Independence of EU and Member States Leniency Programs”, 14 March 2016
  • “Federal Trade Commission Issues Section 5 Guidelines for the First Time”, December 2015
  • “CJEU Sends Clear Warning to “Cartel Facilitators” ”, 29 October 2015
  • “Keeping up with Competition - Jurisdictional Issues” 14 September 2015
  • "The E-Commerce Sector Inquiry: Can It Stop National Competition Authorities from Adopting an Overly Restrictive Approach?", 30 July 2015.
  • “The Court of Justice of the European Union Confirms the Commission’s Long Arm in Fighting International Cartels”, 14 July 2015
  • “Government Study Shows Increased Need for Competition Compliance Especially By SMEs”, 1 June 2015
  • “Chemical Regulations: A Legal Primer”, 5 May 2015
  • “E-commerce Companies Face EU Competition Scrutiny”, March 2015
  • “The European Commission’s Enforcement Priorities and the Debate on the Reform of the EU Merger Control Regulation”, 25 March 2015
  • “Metals Benchmark Pricing and Warehousing Under Further Scrutiny”, 16 February 2015
  • “K&L Gates Supports Hempel Metallurgical and ECHA in Winning First Data-Sharing Appeal”, 19 December 2014
  • “Environment, Health And Safety”, 2014
  • “Statements at industry conferences can violate competition law”, 18 July 2014
  • “Competition Enforcers Focus on the Food Sector”, 16 July 2014
  • “ECHA Provides Further Guidance on Substance Identity to Ensure Compliant Dossiers”, 30 April 2014
  • “European Commission limits Ability to seek Injunctions relating to Standard Essential Patents”, 30 April 2014
  • “ECHA Factsheet: Toll Manufacturing”, 11 February 2014
  • “European Authorities Crack Down on Price Signalling”, 16 January 2014
  • “EU Court Orders Disclosure of Proprietary Information on Chemical Substance”, 31 October 2013
  • “Some clarification regarding challenges to REACH candidate listing”, 28 March 2013
  • “Intermediates Compliance Warning”, 29 October 2012
  • “Keeping up with REACH and Other Chemical Legislation”, April 2012
  • “Challenging ECHA Decisions”, 1 December 2011
  • “Arbitration World”, August 2011
  • “Opportunity to comment on Commission opinion on toxicity of chemical mixtures”, 27 July 2011
  • “An Opportunity for Industry to Present its Views on the Impact of REACH”, 7 July 2011
  • “Recast RoHS Directive extends scope and imposes further obligations on manufacturers, distributors and importers of EEE”, 5 July 2011
  • “Classifications Should Stand Even Though Substance Poses No Real Risk”, 24 May 2011
  • “Global Government Solutions 2011 Annual Outlook: European Union Competition and Antitrust Law: Key Issues for 2011”, January 2011
  • “Global Government Solutions 2011: Annual Outlook”, January 2011
  • “European Antitrust and Trade Regulation Newsletter”, December 2010
  • “UK Appeals Court Rejects Class Action”, 1 December 2010
  • “Proposed Criteria for Defining Whether Certain Scrap Metals Cease to be Waste and Fall Under REACH”, 17 November 2010
  • “REACH: Claiming Confidentiality for Information in the Registration Dossier”, 23 September 2010
  • “European Antitrust and Trade Regulation Newsletter”, 14 July 2010
  • “PBT and vPvB Substances – Revised Annex XIII to REACH Would Allow For Weight-of-Evidence Approach”, 25 June 2010
  • “Changes to Safety Data Sheets”, 15 June 2010
  • “Proposed Changes to Standard-Setting in the European Union”, 1 June 2010
  • “Akzo Nobel In-House Lawyer Privilege Case – Attorney General's Opinion Handed Down”, 10 May 2010
  • “M&A in the Commodities Sector”, Nineham, Samant, Megregian, Bahia, Jacobs, PLC Volume XX, No. 8 September 2009.
  • “Patent Pools, a comparison of EU and US standpoints”, Competition Law Insight, May 2007.
  • “EU and US Merger Control: Transatlantic Convergence Rolls on”, Competition Law Journal, Vol. 4, Iss. 2, 2005.
  • “Elements of US Private Antitrust Litigation”, International Business Lawyer Vol 31, No.4, August 2003.
  • “UK and EU Merger Reforms Increase Opportunity for Financial Institution Consolidation”, Journal of Taxation of Financial Institutions, Vol 16/No 5 May/June 2003.
  • “Panelists Emphasize Cooperation in Cartel Enforcement”, International Business Lawyer, April 2003.
  • “UK Competition Bill to Extend Prosecution Powers,” European Regulatory Affairs News, Issue 126, September 2002.
  • “A Question of Control,” Legal Week, Vol. 4, No. 21 June 30, 2002.
  • “The Use of Mandatory Arbitration to Defeat Antitrust Class Actions,” Antitrust, Summer 1999.
  • “Defending International Mergers,” German American Trade, Vol. 8, No. ½, January/February 1997.
  • “New Government Merger Rules May Stimulate Growth and Acquisition,” Business Forum, Winter/Spring 1993.
  • “New M&A Rules May Spur Acquisition,” Directors Monthly, November 1992.
  • “Federal Merger Rules Give Hospitals a Hand,” Modern Healthcare, October 12 1992.
  • “New Grand Jury Manual Clarifies Antitrust Division Policies and Procedures,” FTC: Watch, September 14 1992. 
Merger Control
  • Advised Lockheed Martin on formation of AMROC joint venture with UTC and Mubadala
  • Advised Linea Limited on acquisition of control of Donalink 
  • Advised EuroChem on acquisition of fertiliser business of BASF
  • Represented Orica Ltd on its acquisition of Dyno Nobel's explosives business. The matter involved a reference to the Commission under Article 22, the successful application for a derogation under Article 7 and First Phase remedies (Nominated for Competition Team of the Year by Legal Business for this transaction)
  • Advised Constellation Brands on its acquisition of Vincor to become the UK's largest wine supplier/distributer
  • Advised Lockheed Martin on the restructuring of the UK Atomic Weapons Establishment joint venture
  • Advised Lockheed Martin on its acquisition of INSYS ltd, the first Special Intervention by the Secretary of State on National Security grounds, where no competition law jurisdiction existed under the Enterprise Act
  • Advised Schmalbach Lubecca on the sale of Continental Can Europe to Ball Packaging
  • Advised Lockheed Martin in opposing the merger between Boeing and McDonnell Douglas
  • Advised Lockheed Martin in obtaining long term pricing remedies in the merger of the Alenia and Alcatel satellite businesses
  • Advised Ball Packaging on obtaining remedies in the merger of Alcan and Pechiney
  • Advised Jerr-Dan Industries on obtaining a compulsory licensing remedy in relation to the acquisition by Miller Industries of its main competitor in the tow truck market

Government Investigations/Cartels
  • Advised a mining services company on Polish investigation into alleged bid rigging 
  • Advised an internet search provider into European Commission's investigation of Google 
  • Advised a leading aerospace company in respect of European Commission investigation into the CAD market
  • Advised a leading petroleum company on the EC's investigation of the bitumen cartel
  • Advised Formula One Management on the EC's market investigation into the marketing of sports rights over new media (in particular 3G)
  • Advised a beverage supplier and a leading fresh foods supplier on the Groceries/Super Market inquiry
  • Advised a German Company on the US and Canadian investigations (and accompanying civil litigation) involving graphite electrodes and carbon cathode block
  • Advised the leniency applicant on the US and Canadian investigations into the mechanical and electrical carbon industry (which included the first ever attempt by the US DOJ to extradite a foreign (UK) national)

Disputed Matters
  • Advised a biocides manufacturer on the successful use of competition law as a defence to an action for payment on royalties in an ad hoc arbitration
  • Advised a medical products supplier on the successful use of competition law as a defence (export ban) to a claim for damages in an LCIA arbitration
  • Advised Nike on its competition law claim in the High Court against the Grand Slam Tennis events (a parallel proceeding to the Adidas claim) for discriminatory application of the rules regarding logos on the tennis shirts
  • Advised Sandisk in its competition claim before the High Court against Sisvel for abuse of dominance in relation to the creation and licensing of certain patents underlying the mp.3 standard
  • Advising a chemical products manufacturer in regard to a possible arbitration involving a claim for refusal to supply in support of an export ban

Regulatory/REACH
  • Advised UK Non Ferrous Alliance on determining amendments to REPI Regulations 
  • Advised African Metals company on classification, labelling and transport of substances into the European Union 
  • Advised Metals Industries Consortium on prioritisation and authorisation processes
  • Representing Formula One in the DCMS review of the UK listed events regulation
  • Advised numerous clients on enhanced terms for contracting with testing laboratories (private and university) to take account of REACH
  • Organised industry-wide consortium to enable various industries to comply with REACH, including cobalt, iron, molybdenum, nickel, rare earths, sulphuric acid and tungsten
  • Prepared industry standard template document for use in multi-consortia cross-licensing and Only representative Contracting in the metals industry
  • Advised various of the World's leading chemical and metals companies on internal restructuring to facilitate and stream-line REACH compliance for imported substances
  • Drafted industry position papers for submission to ECHA and Competent Authorities on various unresolved issues under REACH
  • Regularly advise numerous consortia on antitrust compliance
  • Provide day-to-day REACH counseling to over 20 consortia and private companies
  • Conducted various internal audits of company inventories to develop REACH compliance strategies
  • Recently utilized REACH-generated data to convince European Commission to de-prioritise a substance for regulation under the EU Water Framework Directive
  • Prepared industry templates for group importing structures
  • Advising various consortia and Lead Registrants on letter of access strategies