Joanna Christoforou

Joanna is recognised as a Leading Individual in Competition Litigation and is recommended in EU and Competition Law in The Legal 500 UK.  She is noted for representing “a broad range of clients across the life sciences and technology industries in matters concerning abuse of dominance investigations, and appeals before the Court of Appeal and the Supreme Court” and for her “expertise in big-ticket cartel and abuse of dominance investigations, and consequent court proceedings.” Clients comment that Joanna and her ”formidable team of experts” are “extremely skilled and responsive, and bring a real depth of experience in this complex and challenging area.” Joanna’s clients also describe her as “highly accomplished and effective” and praise her for her “excellent support” and for showing “a real sense of being on your side, even when conveying tough messages.” Clients also note that in merger control matters, she and her team are “always on hand during a transaction to offer top class insights which allow for clear and fully informed decision making.”

Joanna has had leading roles in significant competition litigation matters in the CAT and the UK High Court, Court of Appeal, and Supreme Court, including representing Sainsbury’s in the leading case against Visa in the interchange fee litigation in the English courts (with successful appeals to the Court of Appeal and Supreme Court), and representing Concordia in its challenge to the CMA’s search warrants in a first-of-its-kind litigation. She has represented clients in a number of cartel and abuse of dominance investigations by the CMA and the European Commission and in appeals of infringement decisions, including more recently the appeals against the CMA’s decisions in each of Hydrocortisone, Liothyronine, and Prochlorperazine. Joanna works across a broad range of industries, including life sciences, technology, retail, grocery, ecommerce, financial services, commodities, and healthcare.

Joanna is a member of the Morgan Lewis team that was awarded 2018 Behavioural Matter of the Year—Europe, Challenges to CMA Search Warrants by Global Competition Review. She was previously seconded to the Competition and Cooperation Panel (then Monitor), where she advised on the introduction of a competition law regime to the UK National Health Service (NHS).

Joanna maintains an active pro bono practice, including leading Morgan Lewis’s initiatives in assisting Amicus, a not-for-profit organization helping provide representation to individuals facing the death penalty in the United States. She is also a member of the London office’s Diversity & Inclusion (D&I) working group.

• Acted for Sainsbury’s Supermarkets Ltd. in its claim against Visa for damages at the UK High Court and Court of Appeal and in its 2020 landmark victory at the UK Supreme Court, which upheld the Court of Appeal's 2018 judgment in favour of Sainsbury’s claim that Visa’s UK multilateral interchange fee was an unlawful restriction of competition under UK and EU law; prior to the relevant proceedings there had been no English or European ruling that Visa’s interchange fee was a restriction of competition
• Acted for Concordia at the High Court and Court of Appeal in the first-ever challenges to the CMA’s search and seize warrants brought under Section 28 of the Competition Act 1998
• Acting for AMCo in its appeal in the CAT against the CMA’s infringement decision alleging that AMCo was party to a market exclusion agreement in relation to the adrenal insufficiency drug Hydrocortisone;  also acted for AMCo in its defence against the CMA’s investigation, statement of objections (SO), and supplementary statement of objections (SSO) regarding the alleged pay-for-delay arrangement 
• Acted for Mercury Pharma in its appeal in the CAT against the CMA’s infringement decision alleging abuse of dominance by charging unfair and excessive prices in relation to the thyroid drug Liothyronine; also acted for Mercury Pharma in its defence against the CMA’s investigation, SO, SSO, and further SSO in relation to alleged unfair and excessive pricing
• Acting for Focus Pharma in its appeal in the CAT against the CMA’s infringement decision alleging that Focus participated in a market sharing agreement in relation to the anti-nausea drug Prochlorperazine; also acted for Focus Pharma in its defence against the CMA’s investigation and SO in relation to the alleged market exclusion arrangement
• Acted for Advanz in its successful defence against the CMA’s investigation and SO in relation to alleged market sharing in respect of the antibiotic Nitrofurantoin; the CMA closed its investigation on “administrative priority” grounds
• Acted for a Fortune 500 company in its internal investigation into suspected market sharing and price fixing and its application for immunity or leniency to enforcement agencies, including the European Commission
• Advised an SO addressee in relation to the European Commission’s investigation into credit default swaps
• Advised one of the world’s largest investment banks in relation to investigations by the European Commission, UK Financial Conduct Authority, and US regulators in relation to LIBOR and Euribor
• Advised one of the world’s largest investments banks in relation to investigations by regulatory authorities, including the European Commission and Financial Conduct Authority, in relation to Forex
• Advised a global tobacco manufacturer in its successful appeal to the CAT in 2011 against the OFT’s decision and record fine in respect of alleged anticompetitive retail pricing practices; the infringement decision was annulled by the CAT 
• Advised a leading private equity firm in obtaining unconditional merger clearance from the European Commission in relation to the combination of two entertainment groups to create the second-largest visitor attraction business in the world
• Advised a leading European dairy cooperative in relation to its acquisition of a UK dairy cooperative; the merger was cleared by the European Commission subject to a divestment
• Seconded to the NHS Cooperation and Competition Panel (then Monitor) to advise on the introduction of a competition law regime to the NHS
• Advised on merger clearances in relation to the creation of the largest global aluminium producer, and subsequently advised on multi-jurisdictional filings regarding its acquisition of an interest in a producer active on other commodities markets
• Advised a global, US-headquartered car rental company in relation to the acquisition of an EMEA car rental company; the transaction involved merger clearances in the United Kingdom and a number of other jurisdictions
• Served as stagiaire at the European Commission’s Directorate General for Competition 

Pro Bono

• In work for Amicus, a not-for-profit organization helping provide representation to individuals facing the death penalty in the United States, led a Morgan Lewis team in supporting US counsel representing an individual on death row; prosecutors dropped the death penalty
• Leading Morgan Lewis teams assisting on a number of matters for Amicus, including support to US counsel representing individuals on death row, as well as the Missouri Project, a research project focused on the application of the death penalty
• Co-led a team assisting Reprieve, a human rights not-for-profit organization, in relation to a pro bono study on the appeals system in a jurisdiction