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Practice Summary

Derek Spitz practices across a broad range of commercial litigation and international arbitration, with particular expertise in private actions for damages in competition law cases. He has appeared in the CAT, High Court and the Court of Appeal, and is recommended by Chambers UK as a leading junior (Competition Law) and by The Legal 500 (Commercial Litigation and EU and Competition).

Derek has been part of the team co-authoring the most recent edition of Bellamy and Child, European Community Law of Competition and co-authored an article on “Opportunities and pitfalls of litigating cartel damages claims in different fora in the UK” [2013] Competition Law Journal Vol. 12, Issue 1. In February 2014 he was a delegate to and presented a paper at an international anti-trust conference in China.

Recent work includes acting for Sainsbury’s Supermarkets Ltd in the substantial and high-profile claim against MasterCard in relation to interchange fees set and implemented in breach of EU Competition law (7-week trial scheduled for January 2016); acting for defendants in a complex conspiracy trial in the Commercial Court relating to the oil and gas industry (6-week trial ended in June 2014); in substantial “Elida-Gibbs” VAT repayment claims raising complex questions of statutory construction of VATA and EU law; a hard-fought trial involving contractual construction and estoppel; a lengthy arbitration under AFSA Rules, and complex issues arising in derivative contracts under the ISDA Master Agreement.

Derek has also acted in a number of substantial international commercial arbitrations under ICC, LCIA, and AFSA Rules. 

Before being called in the Bar in England and Wales, Derek was a leading junior at the Johannesburg Bar, practising in commercial, competition and public law, and was an author and co-editor of Constitutional Law of South Africa (the leading work in the field). Derek was educated at the University of the Witwatersrand (BA LLB cum laude); Cornell University (MA) (Fulbright Scholarship); and Columbia University (JD: Harlan Fisk Stone Scholar)