It must be difficult to visit the Competition Appeal Tribunal (CAT) and not bump into Brian Kennelly KC. His name has appeared on some of the most prominent proceedings in the rapidly expanding competition space in recent years. Last year alone he acted for Visa in the Interchange claims, and defended Apple in its two ongoing class actions, the first over the management of its App Store and the second concerning alleged failures in mobile batteries and software. Perhaps most prominent though was his work for Activision in the Call of Duty maker’s successful efforts to merge with Microsoft. Following the Competition and Markets Authority’s (CMA) headline grabbing rejection of the global merger, Kennelly was called upon to act for the gaming giant before the CAT, with the CMA eventually allowing the merger to proceed.
It wasn’t always so easy. For many competition barristers outside the two dominant chambers Brick Court and Monckton, making a name in the profession is an uphill battle. Alongside Tom de la Mare KC, Kennelly has helped build Chambers’ capacity so that it appears on the most competition cases after Monckton and Brick. He is no one trick pony, however, with his practice extending beyond competition and into regulatory, sanctions, public and EU law issues.