Recommendations. Name: Simon Taylor Call: 1987, returned to Bar 2012 Languages: French and Spanish

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1 Name: Simon Taylor Call: 1987, returned to Bar 2012 Languages: French and Spanish Simon is a competition and procurement specialist, recommended in Legal 500 and Chambers and Partners as a leading junior in public procurement. He returned to the Bar in 2012 after 20 years of practicing as an EU and competition lawyer, including 7 years as a partner in a leading firm of solicitors and 5 years in Brussels. His procurement practice combines contentious and non-contentious work, including public procurement disputes for bidders and authorities and strategic advice to authorities or utilities on the conduct of tenders. He advises companies and public bodies on competition, state aid and regulatory issues arising from disputes, transactions such as mergers or joint ventures and commercial agreements or conduct. He has specific expertise and wide experience in the healthcare, communications and other regulated sectors, such as energy and water. Simon was appointed to the Attorney General s C Panel in March Recommendations Public Procurement "He understand the client's perspective and matches this with a forensic approach to detail which is highly valued by clients in difficult situations"..."very user-friendly and good with clients, particularly more demanding ones." Chambers and Partners 2015 "Very hardworking and thorough." Legal Is highly esteemed for being focused, pragmatic and commercial." Chambers & Partners 2012 highly constructive with an intelligent approach an excellent and incredibly personable lawyer. Chambers & Partners 2011

2 Recent Work Public Procurement Acting for providers of social care services in separate challenges to local authority tenders. Acting for InHealth on a challenge to a national tender for the provision of PET-CT scanning services. Acting for a provider of pathology equipment and services on a challenge to a tender conducted by an NHS Trust. Acting for NATS (junior to Sarah Hannaford QC) on an application to maintain an automatic suspension of a tender procedure for the provision of air traffic control services to Gatwick Airport: NATS (Services) Limited v Gatwick Airport Limited [2014] EWHC 3133 (TCC). Acting for a supplier of medical equipment on a threatened challenge to a tender conducted by a NHS Foundation Trust. Advising a provider of credit card services on a potential procurement challenge to a Government framework tender. Acting for a tenderer on a challenge to a tender procedure relating to the National Careers Service. Claimants and Defendants on numerous procurement cases issued in the TCC, including merits and procedures, pleadings and terms of settlement. Acting for MWDA (junior to Sarah Hannaford QC) on an interim injunction application relating to a major waste tender: Covanta Energy Ltd v Merseyside Waste Disposal Authority [2013] EWHC 2922 (TCC). Advising a Commissioning Consortia Group on a contractual dispute and mediation relating to a Community services contract. Acting for the Defendant in Medical Services Limited v North West London NHS Hospital Trust (not reported) on a procurement challenge relating to a tender for patient transport services, including successfully striking out part of the claim. Advising an operator of a dynamic purchasing system on strategic procurement law considerations, including the implementation of the new Directive 2014/24/EU. Advising an IT services company on a potential challenge to a competitive dialogue tender process and settlement negotiations. Advising a shared services provider on the extent and application of the Teckal in house exemption. Advising a sports governing body on the application of general EU principles to the governance and conduct of tenders. Advising on the tender for the London cycle hire scheme. Advising on various tenders relating to the Olympic legacy. Advising Buying Solutions on its tender to replace the Government s gas trading framework Advising an IT company on a wide range of public procurement matters relating to the renegotiation and extension of large government contracts. Advising 8 London Boroughs on an insurance services tender to replace LAML, the shared services vehicle set aside following the landmark Court of Appeal ruling. Competition and merger control advice Assisting Basildon & Thurrock University Hospitals NHS Foundation Trust and Southend University Hospital NHS Foundation Trusts on gaining CMA Phase 1 approval for their pathology joint venture with IPP. Acting as an assistant mediator on a competition damages follow on claim involving multiple parties. Advising a coffee retailer on the competition law implications of franchising and other distribution methods,

3 on pricing and marketing and the implications of mergers in related sectors. Advising a client on the public interest exemption for mergers under UK and EC law and its application to the proposed Pfizer/Astrazeneca merger. Advising an information services provider on the competition, state aid and procurement implications of a public undertaking s involvement in the sector. Advising a corporate provider of primary care services on NHS restrictions relating to mergers and the sale of goodwill. Advising a provider of bureaux de change services on a claim brought against a high street bank for abuse of dominance based on refusal to supply. Advising the claimant team on the UK case-law applicable to IP and competition in relation to the action brought in the Irish High Court by Calor Teoranta against Tru Gas Ltd. Advising an energy trade association on competition issues relating to membership rules and quality mark schemes. Advising a wide range of companies and trade associations on issues, including price setting, distribution and supply contracts, compliance training and dawn raid preparation. Advising a satellite services company on a range of competition and regulatory matters relating to access to capacity and technology. Advising a leading engineering company on the competition aspects of its joint bid for a nuclear processing contract. Advising a private healthcare provider on a range of matters relating to competition with NHS providers, including the Cooperation and Competition Panel s investigation into restrictions on consultants non-contracted hours and restrictions on patient choice imposed by PCTs. Acting for a major UK plc on gaining OFT approval for the acquisition of a global airport noise monitoring systems operator. Acting for a rail franchise company on gaining OFT approval for its bid for the Thameslink/Great Northern Rail Franchise. Advising the Department of Health on the competition law and policy implications of opening up NHS provision to free choice and competition from independent sector providers, including the Ofcom investigation under the Competition Act 1998 into agreements between NHS Trusts and providers of bedside communication systems. Advising Cemex on its appeal to the Court of First Instance in relation to the EU Commission s decision adopting the UK carbon training plan. Advising the Strategic Rail Authority on rail franchising policy and industry structure. Acting for Arla on the Competition Commission investigation of Arla/Express and for an intervener in the Phase II investigation of Interbrew/Bass. Acting for Western Power Distribution on the take-over of Hyder plc and the establishment of Welsh Water (Dwr Cymru). State aid and EU Advising an English University on the state aid and competition implications of a joint venture with a private provider of higher education services. Advising a client on the EU free movement law implications of changes to welfare laws and policy. Representing a research company on a procedure brought by the European Commission to claw back funding granted under the FP7 framework. Advising a Trade Union on the state aid and procurement implications of the sale of a port services

4 business. Advising a major technology company in relation to State aid issues arising from its application for public funding in respect of a technology partnership with leading universities. Advising a London Borough on a Commission state aid complaint relating to a City centre regeneration project. Other Advocacy Completed the South Eastern Circuit Advanced International Advocacy Course, Keble College Oxford August Representing a buy to let tenant in a dispute with a local authority over service charges and on a successful counterclaim for damage caused by breach of repair covenant. Case included notable Housing Act issues as well as a significant distress and inconvenience award. (Camden v Elshami - for Bar Pro Bono Unit). Representing company directors in a two day unfair dismissal hearing before the employment tribunal, including preparation of witness statements and settlement negotiations (Free Representation Unit). Representing various clients in County Court hearings including trial regarding the non-payment of legal fees, infant consent orders, defending claims brought against BT by customers, strike out applications, debt recovery actions. Selected Reported Cases NATS (Services) Limited v Gatwick Airport Limited [2014] EWHC 3133 (TCC) Covanta Energy Ltd v Merseyside Waste Disposal Authority [2013] EWHC 2922 (TCC) Publications What role do competition law principles play in public procurement? PLC Blog (Jul 2015) Public Procurement in the UK Practical Law Practice note (with Christopher Brennan) -, February 2015 Socially Responsible Procurement - Co-authored Report by the Labour Finance and Industry Group/Society of Labour Lawyers Task Force on Public Procurement - March 2015 Chapter on Public Procurement in Law Reform A Manifesto for Change (with Samuel Townend) New procurement regulations for NHS healthcare services: big bang or evolutionary competition? - Plc June 2014 [Click here] Giving procurement the competition law treatment: Arriva v Luton - Practical Law (March 2014) The use of mediation to resolve public procurement disputes - PLC Blog (Oct 2013) Contributor to Keating on Construction Contract: Public Procurement Chapter (Supplement) - July 2013 Back by popular demand: the new NHS Procurement Regulations - PLC Blog (March 2013) New Remedies in Public Procurement Law - Plc September The challenge of competitive neutrality in public procurement and competition policy: the UK health sector as case study Competition Policy International July Cloud computing: challenges from a competition law perspective - Computers and Law Magazine, October/November Media, conference presentations and webinars Challenges and Opportunities of the New Procurement Directive - Wales Procurement Week, March 2015

5 The New Procurement Directive - Bangor University, December 2014 Interviewed on Newsnight at BBC News on the competition investigation into Premier Foods buying practices - https://www.youtube.com/watch?v=nfdhsh-kkcw Chaired and spoke at the CLT Procurement and Competition Issues in the Health Sector Conference June Procurement law and NHS healthcare - Competition Law Association, April Encouraging Innovation in Procurement - Whitepaper, May Workforce Conditions in Procurement - Whitepaper, April/June Driving Social Agendas in Public Procurement - Wales Procurement Week, March 2014 Time Limits and Remedies in Public Procurement Current Trends - MBL webinars, November Mitigating the Procurement Risk of Contract Change - Whitepaper, April College of Law Media interview, Public Procurement Update - February EU Law and Construction - SCL Conference February Framework Tenders in Practice - CLT A-Z of Procurement Conference, June Flexibility in Framework Tenders - Whitepaper conference, London, March/May Public procurement in the water industry - Water UK Lawyer's Conference, February Education and Professional Career University of Oxford (BA Hons Jurisprudence), Magdalen College Called to the Bar 1987 Pupillage 2 Temple Gardens Université Libre de Bruxelles (Licence Spéciale en droit communautaire, Grande Distinction) (in French) Squire Sanders & Dempsey (Brussels) Associate Norton Rose (Brussels) Associate Cable & Wireless Communications Regulatory counsel Enrolled as a Solicitor 1999 Allen & Overy Associate Wragge & Co Antitrust Partner Keating Chambers Appointed to the Attorney General's "C" Panel Membership Procurement Lawyers Association Royal Society of Arts Society of Labour Lawyers Association of London Welsh Lawyers Competition Law Association

6 Other Information Simon enjoys the theatre, travel, hillwalking, skiing, rugby, food and wine. Contact Details For further information about Simon Taylor practice please contact his clerks: Declan Redmond Rob Cowup Anthony Carroll Jessica Edson

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