Helen has more than 20 years of professional experience in applying economic principles to issues of strategic importance for businesses, predominantly in the context of litigation and competition investigations. She has broad sectoral experience, including in energy, financial services, retailing, communications, media and pharmaceuticals. Helen has worked with a range of clients on the economic issues that underlie the application of the relevant competition legislation in the UK, Europe, Australia and the Middle East. She is a respected expert, appearing before courts and competition authorities in the USA, UK, Republic of Ireland, South Africa and Hong Kong. Her recent clients include Mastercard International, Microsoft, National Grid, Virgin Media, Royal Mail, The Royal Bank of Scotland, and Scottish Power.
Helen has been listed in The International Who’s Who of Competition Lawyers & Economists
since 2001, and is author of Economics for Competition Lawyers
(Oxford University Press, 2nd edn, 2016). She is also a Trustee of the Swarovski Foundation, an independent charitable foundation which aims to support charitable projects across the areas of fostering culture and creativity, promoting wellbeing and human rights, and conserving natural resources.
Selected project experience
- Leading Oxera’s economic advice to a major Hong Kong-based company on the implementation of the new Competition Ordinance (2015)
- Leading Oxera’s economic advice to Scottish Power in the CMA energy market investigation (2014–)
- Adviser to Virgin Media in its complaint to Ofcom with respect to FAPL’s auction of EPL rights (2014)
- Advising a generic pharmaceutical company with respect to Article 101 investigations by the European Commission and the CMA (2012)
- Leading the competition advice to Royal Mail regarding mergers, market definition and dominance issues (2007–)
- Adviser to the UK licensees of Mastercard regarding the OFT and European investigations of interchange arrangements under Article 101 and Chapter 1 (2000–15)
- Adviser to Mastercard International with respect to the European Commission investigation into inter-regional interchange fees (2015–)
- Advising a major aeronautical business with respect to a European Commission investigation (2015–)
- Expert in a number of follow-on claims relating to power cables (2015–)
Expert testimony experience
- Expert evidence in a confidential arbitration, quantifying damages suffered by a Russian commodity company under the rules of London Court of International Arbitration (2013–14)
- Expert evidence for National Grid with respect to its claim for damages arising from its purchases of GIS equipment (2010–14)
- Expert evidence in the High Court for AstraZeneca in defending against a damages claim by a generic entrant arising from an interim injunction against the claimant (2013)
- Expert evidence for Royal Mail in the High Court with respect to VAT exemption of access services (2013)
- Expert evidence in the Australian Federal Court for ANZ bank, in a class action relating to overdraft fees (2012–13)
- Expert testimony on behalf of Nokia Corporation in the US District Court San Francisco, ‘In Re TFT-LCD (Flat Panel) Antitrust Litigation’ (2010–12)
- Expert evidence for The Co-operative Group Limited with respect to its appeal to the Competition Appeal Tribunal on the OFT’s investigation and subsequent decision on an alleged cartel in tobacco retailing. The OFT withdrew the case (2010–11)
- Expert report for the Royal Bank of Scotland’s intervention in the Mastercard Appeal on interchange at the General Court (2009)
- Expert testimony for EDS (defendants) in litigation in the High Court between EDS and BSkyB, assessing damage from failure to deliver a CRM system (2006–09)
- Expert testimony for Panda Waste before the Irish High Court on abuse of dominance in household waste collection (2008)
- Expert testimony for Ryanair in its Charleroi state aid litigation (MEIP) at the (then) Court of First Instance (2008)
- Provided expert testimony for Samsung in the High Court in a patent litigation case between Samsung and Ericsson (2006–07)
- Niels, G., Jenkins, H. and Kavanagh, J. (2016), Economics for Competition Lawyers, second edition, Oxford University Press.
- Jenkins, H., Niels, G. and Noble, R. (2013), ‘The South African Airways cases: blazing a trail for Europe to follow?’, chapter 7, in K. Moodaliyar and S. Roberts, The development of competition law and economics in South Africa, HSRC Press.
- Pilsbury, S. and Jenkins, H. (2010), ‘The Evolution of Effects-Based Analysis under the Competition Act 1998’, Competition Law Journal, 9:2, pp. 216–27.
- Marshall, N., Jenkins, H. and Niels, G. (2008), ‘The Price of Intellectual Property: What is FRAND?’, in Global Competition Review, The Handbook of Competition Economics: A Global Competition Review Special Report, pp. 12–7.
- Jenkins, H. and Niels, G. (2005), ‘Reform of Article 82: Where the Link between Dominance and Effects Breaks Down’, European Competition Law Review, 26:11.
- Jenkins, H. and Yemail, B. (2005), ‘Economics at the Heart of Competition Policy’, in P. Willis (ed.), Introduction to EU Competition Law, Informa Books.
- DPhil and MPhil Economics, University of Oxford
- BEc (Hons) Science and Economics, Australian National University, Canberra, Australia