TOGETHER WITH

Table of Contents

• EDITOR’S RAMBLE 🗣

• FEATURED REPORT 📰

• IN OTHER NEWS 🗞

• AROUND THE WEB 🌐

• STUFF THAT MIGHT HELP YOU 👌

EDITOR’S RAMBLE 🗣

In 2019, I applied to Clifford Chance.

And in my application, I wrote this:

“I want to work at a commercial firm that leads in shaping the future of law through groundbreaking work.”

Now, there's a problem with that (aside from the obvious cringe).

At the time, I didn’t really understand what the lawyers at commercial firms did.

Sure, I'd look up a few recent deals from their websites so I could mention them in an interview.

But I didn’t know what a commercial lawyer actually did on those matters — which is a problem when your goal is a career in commercial law.

That’s why I’m excited for today’s newsletter.

We’ve partnered with Clifford Chance to go behind the scenes of one of their biggest matters of the year.

They've shared exactly what they did and how they did it — hopefully it shows you what a commercial lawyer really does.

And, trust me, they’re definitely “shaping the future of law through groundbreaking work”.

Let me know what you think using this poll (mention if you want more of this).

- Idin 

P.S. Clifford Chance’s application deadline is today — you’ve still got time to apply.

FEATURED REPORT 📰

🥊 How Clifford Chance secured a major win against Google

What’s going on here

In September, the European Court of Justice (ECJ), Europe’s top court, ruled that Google must pay a €2.4 billion fine. The ECJ found Google had unfairly used its dominance to promote its own shopping service over its rivals in search results.

The decision put an end to a case that had been going on for 15 years!

What’s the story?

Here’s the (long) history of this case:

• 📆 2009: A UK-based company called Foundem filed a complaint against Google, accusing it of unfairly promoting its own shopping services over competitors in search results (the UK was still part of the EU then). Foundem was a price comparison website — the founders said "Google essentially disappeared us from the internet."
  

  

  Shivaun and Adam, founders of Foundem (Source)

• 📆 2010: The European Commission (EC), the body responsible for enforcing EU law, opened a formal investigation into Google's search practices.
  

• 📆 2015: The EC issued a Statement of Objections to Google, explaining its concerns about the company’s behaviour (you can read that here).
  

• 📆 June 2017: The EC fined Google €2.4 billion for abusing its dominant market position in shopping comparison services. This was the largest penalty it had ever imposed (it’s since been beaten by a €4.3 billion fine, also against Google).
  

• 📆 September 2017: Google made some changes to comply with the EC’s decision. For example, it moved its shopping comparison service into a separate entity. They also appealed the fine from the EC. Here’s when Clifford Chance got involved, representing Foundem (as co-counsel with law firm Hausfeld).
  

• 📆 November 2021: The EU General Court (Europe’s primary court) largely dismissed Google's appeal and upheld the fine imposed by the Commission — then Google appealed again.
  

• 📆 September 2024: The ECJ dismissed Google's final appeal, confirming the €2.4 billion fine.

What was Google doing wrong?

Google was prioritising its own shopping comparison services over other companies in search results. It was also pushing other comparison services down the rankings.

This made it hard for competitors to be found — even if users searched for them specifically. So it became very difficult for other comparison shopping services to compete.

Google argued that its search recommendations improved users’ experience by showing relevant results quickly. But the European Commission disagreed — it found Google’s actions to be “discriminatory”.

What role did Clifford Chance play?

Clifford Chance was involved early on representing various clients with concerns about Google, but got involved for Foundem (the original complainant in the case) in 2017 — when the EC imposed the fine.

The Clifford Chance team was led by Thomas Vinje (then a partner, now senior counsel).

Clifford Chance and Hausfeld worked together on the case briefs (the written submissions), and Thomas Vinje presented the arguments in the EU General Court and the ECJ.

Managing a case across 7+ years: It’s not easy to manage a matter over such a long time. Thomas Vinje said the main challenges were “overcoming Google's efforts to obfuscate the facts, the sheer volume of relevant documents and evidence, and not becoming frustrated by the time procedures sometimes necessarily take.”

What role did Clifford Chance play?

🔍 Gathering detailed evidence: Clifford Chance collected data on how traffic to Foundem’s site changed before and after Google allegedly started acting unfairly. This data showed the impact of Google’s actions on Foundem and other competitors.

📑 Using expert reports: The law firm presented reports from behavioural scientists explaining how Google’s tactics influenced user behaviour, making people more likely to click Google’s options over other choices. Clifford Chance also used reports from economists showing the long-term harm the tech giant’s actions posed to the wider market.

🧩 Building a compelling argument: The lawyers then used the data to create a clear narrative showing Google’s systematic promotion of its services over competitors. In their argument, they highlighted how Google’s practices made it impossible for other comparison shopping companies to compete fairly.

What role did Clifford Chance play?

Dieter Paemen, a Clifford Chance lawyer who assisted Thomas Vinje in the case, said "the judgment has implications that reach far beyond today's victory for Foundem, which after so many years admittedly tastes very sweet.”

So, it’s clear that ruling against Google set a strong precedent for how tech companies should act in the EU.

This case even influenced how the EU’s Digital Markets Act (DMA) was written. The DMA came into force in 2022 to make the digital sector fairer. The act includes a rule that requires digital platforms to treat competitors fairly without favouring their own services — their search rankings also have to be based on objective criteria.

Following this case, companies like Facebook and Apple also have to ensure that they don't favour their own services in any search rankings they display (like in their app stores).

What’s the impact for law firms?

Regulation of tech companies has increased in recent years, and it’s not stopping now.

Dieter Paemen said we should “expect more specific regulation complementing existing broad competition law, especially with the rise of AI, which will be under more scrutiny.”

And there are two main ways this trend will impact law firms:

1. 📚 Ensuring businesses are compliant: With regulators watching more closely, companies will need guidance from their lawyers to follow the rules. Lawyers can help reduce the risk of enforcement action and large fines (under the DMA, fines could reach up to 10% of global turnover).
   

2. ⚖️ Supporting claimants with enforcement: When big tech companies don’t follow the rules, lawyers step in to represent complainants (just like Clifford Chance did here, supporting Foundem). Industry associations like FairSearch are pushing back against tech giants to keep them accountable (Clifford Chance is representing FairSearch in a case claiming Google forces its apps on phone makers). With stronger regulations, there are now more legal protections to support these claims.

IN OTHER NEWS 🗞

• 🍏 Apple’s facing a lawsuit over its dominance of iCloud. Which? is suing Apple, claiming it traps 40 million UK users into iCloud. The argument is that Apple restricts alternative cloud services and keeps raising iCloud prices (prices rose 29% in 2023). Apple says iCloud is optional and users have other choices. The lawsuit (supported by Willkie Farr & Gallagher) is for £3 billion in damages.

• 👗 Fast fashion giant Shein is planning a massive IPO on the London Stock Exchange early next year. The Singapore-based company aims to raise £50 billion, which would make it one of the biggest UK market deals in a decade. They’ve allegedly already sent their prospectus (document for investors with details of the IPO).

• 🇸🇦 King & Spalding is set to merge with Saudi firm AlFahad & Partners. The move will add 18 lawyers to its Riyadh team, aligning with Saudi Arabia's push for multinationals to establish hubs in the region. The combined firm’s set to focus on litigation, arbitration, and corporate work.

• 🌐 Department of Justice (the US government agency that enforces laws) is trying to force Google to sell the Chrome browser. The claim is that Chrome reinforces Google’s monopoly on internet search. Regulators see Chrome as crucial to directing users to Google’s search engine. Google plans to appeal, and a decision isn’t expected until August 2025. If it’s successful, this would be a major shift in US antitrust enforcement.

AROUND THE WEB 🌐

• 🍰 Yum: A 77-year-old slice of cake from the wedding of Queen Elizabeth II and Prince Philip sold at auction for £2,200.

• 🛋️ Random: Have you ever wondered what the IKEA product names mean?

• 📞 Scam-buster: O2's new AI chatbot uses an elderly person’s voice to waste the time of phone scammers.

Credit: r/internetisbeautiful

STUFF THAT MIGHT HELP YOU 👌

• 📹️ Free application help: If you're applying to commercial law firms, check out my YouTube channel for actionable tips and an insight into the lifestyle of a commercial lawyer in London.