KEN DALY focuses his practice on EU competition and EU regulatory matters across a wide variety of industries and business sectors, including film, music, media, broadcasting, professional and financial services, pharmaceuticals, sports, consumer goods, automotive parts and transport.
Ken has over 20 years’ experience in competition law, including advising on European Commission investigations in cartel and abuse of dominance cases, advisory work in relation to selling practices and market behavior, and all aspects of competition litigation. He is an experienced advocate and has advised clients in a variety of high-profile cases before the European Commission and national competition authorities and has represented clients in litigation before the EU Courts and national courts of EU Member States.
In addition to his case work, a significant part of Ken’s practice relates to advising companies on how to interpret and navigate the EU’s law-making processes and regulatory regimes, including how to participate in the development of EU policy.
Ken’s practice includes advising on EU legal issues related to media, entertainment and sports, and he regularly counsels clients in contentious and non-contentious matters involving the protection and exploitation of intellectual property, the sale of media rights, single supply arrangements, governance issues, disputes, EU free movement rules, and disciplinary and regulatory investigations, as well as in relation to drafting and litigating commercial agreements.
Ken served a four-year term as Secretary General to the International Court of Appeal of the world motorsports regulator, the Fédération Internationale de l’Automobile (FIA).
He has written extensively on EU law and policy topics, including distribution, competition law criminalization, cartel enforcement and sports law. Ken is a regular speaker and contributor to conferences, including those organized by the American Bar Association, the Antitrust and Trade Committee of the International Bar Association (IBA), the IBA’s Global Forum for Competition Policy and the IBA’s Eastern European Forum.
The U.S. Chamber Institute for Legal Reform (ILR) awarded Ken the “Research and Policy Award” for his work on third party litigation financing and class actions, as well as helping guide ILR’s efforts in the EU and the UK at its 17th Annual Legal Reform Summit.
Strong leadership in advising clients has earned Ken acknowledgement in industry publications. He features prominently in the competition rankings of the leading bar publications such as Chambers, Best Lawyers and Who's Who Legal. Most recently, sources from Chambers Europe 2016 said that Ken is an “outstanding lawyer.” He is also described by clients in Who’s Who Legal 2016: “He is doing great work,” “I would hire him in a heartbeat.” Previously, sources have commented that Ken has “an incredible knowledge of the law, and is also very responsive” (Chambers Europe 2015), “ ‘intrinsically understands a client’s needs’, is ‘diplomatic’ and ‘well connected’” (The Legal 500 EMEA 2014), and that he is a “superior analytical thinker” (Chambers Europe 2013) and “an incredibly bright lawyer, who provides very polished work extremely quickly” (Chambers Global 2012).
“Before the Flood, An Outline of Oversight Options for Third Party Litigation Funding in England & Wales,” co-authored with Steven Pitt, U.S. Chamber Institute for Legal Reform, April 2016
“Introducing Statutory Regulation for Third-Party Funders,” Solicitors Journal, December 2015
“Is it time to review the use of article 9 commitments?,” LexisNexis, March 2014
“Legislating for Litigation: Reforms to International Antitrust Litigation Gather Pace,” co-authored with Kristina Nordlander and Stephen Dnes, The Sedona Conference Journal, Volume 14, Fall 2013
“Collective Redress in the EU and Warning Signs of US-style liability threat,” Clinica, August 2013
- “Sports and Competition Law: An Overview of EU and National Case Law,” co-authored with Jessica Walch, e-Competitions bulletin, 2012
- “Official supplier in sport: an outdated EU competition policy holding back the commercial development of sport in Europe,” Competition Law International, January 2012
- “Premier League - territorial licensing is dead - long live territorial licensing,” EU Sports Platform Newsletter, November/December 2011
- “A Bosman moment for online content delivery?,” Mlex Magazine, April 2011
- “Imagining EU Antitrust Enforcement in 2030,” CPI Antitrust Journal, December 2010
- “Cost-Caps and Salary-Caps - Coming to Europe’s Biggest Sports?,” Sport et Citoyenneté, June 2009
- “Pub football cases highlight European Commission’s lack of guidance on new media distribution,” Competition Law Journal, June 2009
- “Cartels and Deterrence - Creeping Criminalisation and the Class Action Boom,” Bloomberg European Business Law Journal, 2007
Selected Sidley Updates:
- Law Society of Ireland
- American Bar Association
- Law Society of England and Wales European Group
- British Association of Sports Lawyers
- “The Magna Carta, 800 Years Later: Rule of Law or Rule of Lawyers?,” ILR’s Legal Reform Summit, October 27, 2015