Lucas has extensive experience in the policy and contentious aspects of competition and consumer protection, including investigations, regulation and public policy development gained working at a number of National Regulatory Authorities and in private practice.
At Towerhouse, Lucas leads cases in the Competition Appeal Tribunal, Competition and Markets Authority, High Court, Court of Appeal and complaints and investigations of economic regulators. These include price control appeals, judicial reviews, regulated dispute resolution and Competition Act cases. Lucas also chairs multi-client working groups, maintaining close relationships with regulators and government on specific strategic policy issues, developing policy and drafting consultation responses.
On contentious matters, Lucas’ recent public cases include:
- 2020 Royal Mail v Ofcom & Whistl Appeal no: 2020/0151: Royal Mail’s appeal against the judgment of the Competition Appeal Tribunal, upholding Ofcom’s infringement decision that Royal Mail abused its dominant position in contravention of Chapter II the Competition Act/Article 102 TFEU. Acting for the intervener/complainant, Whistl. Court of Appeal. Ongoing.
- 2020 Ofcom v Vodafone & Ors [2020] EWCA CIV 183. Ofcom’s appeal against the judgment of the High Court in favour of MNO’s restitution claim for annual licence fees payable to Ofcom by mobile operators for use of 900 MHz and 1800MHz spectrum. Acting for Vodafone. Court of Appeal. Ofcom’s appeal refused.
- 2019 Royal Mail v Ofcom [2020] CAT 2. Royal Mail’s appeal against Ofcom’s Competition Act infringement decision that Royal Mail had abused its dominant position. Acting for the intervener/complainant supporting Ofcom, Whistl (formerly TNT). CAT. Appeal refused.
- 2019 Vodafone and TalkTalk v Ofcom [2020] CAT 8. Appeal against Ofcom’s 2019 Business Connectivity Market Review Decision on SMP findings and remedies imposed on BT. Competition Appeal Tribunal and CMA. Appeal refused.
- 2018 Vodafone & Ors v Ofcom [2019] EWHC 1234 (Comm). MNO restitution claim following judicial review of Ofcom’s annual licence fee decision. Acting for Vodafone. High Court. Judgment for the claimants.
- 2018 Ofcom Competition Act investigation. Ofcom investigation into a complaint from Whistl UK Limited that Royal Mail abused its dominant position in relation to access to letter delivery services in contravention of Chapter II of the Competition Act and Article 102 TFEU. Infringement decision (Ofcom’s first ever). Acting for the complainant.
- 2017 EE Ltd & Ors v Ofcom [2017] EWCA Civ 1873. Acting for Vodafone in the Court of Appeal supporting the appellant (EE) in a judicial review appeal of Ofcom’s spectrum annual licence fee (ALF) decision. High court. Appeal upheld.
Lucas was previously a Senior Associate at Ofcom in the competition investigations team where he worked on regulated dispute resolution and enquiries relating to charge controls, competition issues and numbering issues.
Prior to Ofcom, Lucas was Regulatory Manager at the Legal Services Board, the oversight regulator of the legal services regulators in the UK. Lucas led on a national review of complaints handling across the legal profession and developing a new set of regulatory principles for regulators. He also reviewed regulators codes of conduct for competition and consumer protection issues.
In Australia, Lucas was Assistant Director at the Australian Competition and Consumer Commission (ACCC). His responsibilities included the development and enforcement of national sectorial regulation (statutory codes of conduct), competition and consumer protection investigations and copyright policy development and litigation. This included managing cases on behalf of the ACCC in the Copyright Tribunal, Federal Court of Australia.
Lucas was educated at Monash University and the College of Law in Melbourne, Australia. He has bachelor’s degrees in Laws and Economics and also studied the law and economics of access regulation at a masters level at Melbourne University.