Neil Cuninghame
Neil Cuninghame

Neil Cuninghame

Partner

London | Dublin

+44 20 7859 1147 | +44 7917 064 750 |
+353 (0)1 541 4778
Neil.Cuninghame@ashurstperkins.com

Introduction

Neil brings comprehensive multi-jurisdictional experience to his work with clients on complex antitrust, foreign investment and regulatory matters across industries.

Neil Cuninghame is a partner in the antitrust and competition team and focuses on providing advice on all aspects of UK and EU competition law. This includes advising on EU, UK and other merger control regimes, acting for clients in relation to alleged anti-competitive practices and agreements before the European Commission, Competition and Markets Authority and other regulators, and advising on market investigations, competition law compliance, competition disputes and State aid/subsidy issues. Neil also advises extensively on foreign direct investment regulatory regimes.

Ranked by Chambers & Partners and admitted in both England & Wales and Ireland, Neil advises clients across a wide range of industries including (among others) energy, resources, infrastructure, financial services, private equity, metals and mining, media and property services.

Neil also advises on regulatory issues in the energy and water sectors, such as license obligations and compliance investigations, license modifications, price control regimes, ring-fencing restrictions, statutory duties, ownership unbundling and third party access.

  • A national oil company on its acquisition of Navig8, an international shipping pool operator and commercial ship management company, for an approximate total consideration of US$1.4 billion, which required merger clearance in multiple jurisdictions.
  • Renewi plc on its £707 million takeover by a consortium of funds advised by Macquarie Asset Management and British Columbia Investment Management. The deal was subject to various clearances including under the EU Merger Regulation, Foreign Subsidies Regulation and Chinese merger control.
  • VTTI, a leader in energy storage and developer of energy infrastructure, on regulatory issues relating to its acquisition from Ancala of 50% of Dragon LNG Group, the owner of one of only three LNG import terminals in the UK, including obtaining clearance under the UK National Security and Investment Act (NSIA) and multiple antitrust regimes.
  • Volac International on the sale of its whey nutrition business to Arla Food Ingredients (including obtaining Phase 1 approval from the UK Competition and Markets Authority (CMA)) and the sale of its milk replacer business to Denkavit International BV
  • Oxford Instruments plc, a leading provider of high technology products and services to industry and scientific research communities, on the sale of its quantum-focused business Oxford Instruments NanoScience to Quantum Design International, which was cleared subject to conditions under the NSIA.
  • AVEVA Group in relation to its $5 billion acquisition of OSIsoft, LLC, which required merger clearance in nine countries and CFIUS clearance in the USA. 
  • Petrochemical Industries Company, part of the Kuwait Petroleum group, on competition law issues connected with its joint venture with SKC, involving the acquisition of a 49% stake in SKC's Korean-based petrochemicals business, which required merger clearance in five jurisdictions.
  • PPL Corporation on competition, regulatory and national security issues relating its £7.8 billion sale of Western Power Distribution to National Grid and advising Western Power Distribution on the merger control process before the CMA following completion.
  • The UK Government on the proposed introduction of a new regulatory regime for the carbon capture and storage sector, including on the proposed licensing regime, third party access, unbundling and proposed provisions for the Energy Bill.
  • Ofgem, the GB energy regulator, on issues related to the introduction of a new regulatory regime for the nuclear sector, including commenting on the proposed licensing/price control regime and provisions for the Nuclear Energy (Financing) Act 2022.

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