RebekahWarke

Associate

London + 44.20.7039.5708

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Rebekah Warke advises clients in complex multijurisdictional matters with a particular concentration on antitrust litigation. She is a key member of the team representing Mastercard in its groundbreaking defense of numerous multibillion pound claims, alleging that its interchange fees and certain network rules are anticompetitive.

Rebekah predominantly acts for clients before the Competition Appeal Tribunal but has repeated experience acting before the English High Court, Court of Appeal, and Supreme Court.

Rebekah's other recent experience includes acting for Mastercard in the proposed collective proceedings (brought on both an opt-out and opt-in basis) in relation to certain of its interchange fees; advising Mastercard in its defense of an multimillion antitrust claim relating to certain of its scheme rules concerning ATM transactions; acting for a major telecom company in a high-profile antitrust dispute; and acting for a global bank in relation to allegations of carousel fraud and ensuing issues, including limitation, conflicts of law, and causation.

Rebekah has also assisted the American Bar Association’s Global Private Litigation Committee, which focuses on private antitrust enforcement, primarily litigation, around the world.

Experience

  • Mastercard wins limitation judgment in retailer interchange fee litigationIn its ongoing representation of Mastercard International Inc., Jones Day won a Competition Appeal Tribunal judgment on limitation issues in the retailer interchange fee litigation in the United Kingdom.
  • Mastercard successfully resists summary judgment applicationJones Day represented Mastercard defending an application for summary judgment brought by numerous retailers in respect of their claims which allege that multiple types of Mastercard's interchange fees for credit and debit cards violate EU and UK competition law (in particular, Mastercard's interchange fees which apply to commercial and consumer domestic, intra-EEA and inter-regional transactions).
  • Mastercard obtains preliminary issue judgment on applicable lawJones Day represented Mastercard International Inc. in respect of a preliminary issue in two sets of proceedings concerning the governing law to apply to claims brought by Italian retailers in the UK.
  • Mastercard wins limitation appeal relating to interchange fee claimsJones Day represented Mastercard International Inc. in its successful appeal seeking confirmation that damages claims brought by the UK retailer Dixons Retail Group Limited are in principle time-barred for the period 1992 to 1997.
  • Inmarsat and Ofcom prevail in appeal regarding Inmarsat's European Aviation NetworkJones Day represented Inmarsat Ventures Limited as intervener in a UK appeal by Viasat UK Ltd of The Office of Communication's ("Ofcom") decision to authorize Inmarsat to use complementary ground components as part of its European Aviation Network providing in-flight mobile communication services.
  • Mastercard defends against antitrust lawsuitJones Day defended Mastercard in a lawsuit brought by Europcar alleging that Mastercard's interchange fees since 1992 violated EU and UK competition law.
  • Sumitomo Heavy Industries acquires InvertekJones Day advised Sumitomo Heavy Industries, Ltd. in the acquisition of the entire issued share capital of Invertek Drives Ltd.
  • Goldman Sachs acquires portfolio of secured and unsecured financial leasing originated by ING BankJones Day represented Goldman Sachs International in connection with the acquisition of a portfolio of secured and unsecured financial leasing originated by ING Bank N.V.
  • High net worth family seeks counsel on settlement affecting worldwide assetsJones Day provided advice in relation to the enforcement of a multibillion dollar judgment against an ultra high net worth family with assets settled on multiple trusts throughout the world, including in relation to worldwide freezing and receivership orders over trust companies and their assets in the United States, Switzerland, Luxembourg, and the British Virgin Islands.
  • OneSky acquires PrivateFlyJones Day advised OneSky, LLC in its acquisition of United Kingdom-headquartered PrivateFly, a leading global digital booking service for private jet charter flights.
  • Private equity investor resolves dispute relating to substantial investments in a regulated pensions business in AfricaJones Day acted for a private equity investor in a dispute under a subscription and noteholder agreement (and associated documents) relating to substantial investments in a regulated pensions business in Africa.
  • Canyon Partners and Bain Capital Credit sell QHotels to Aprirose for £525 millionJones Day represented Canyon Partners and Bain Capital Credit, in connection with its sale of the QHotels portfolio to Aprirose, a real estate investment company, for £525 million (US$706 million).
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