Part 2: A competition law perspective on the CJEU’s decision on Sky plc v SkyKick UK Ltd (C-371/18)

This is the second of a series of two video interviews on the competition law implications of the CJEU’s decision in Sky plc SkyKick UK Ltd.

In this Part 2, Stephanie Wickenden and Suzanne Rab of Serle Court consider litigation and dispute tactics on the part of an IP owner and whether these practices could form the basis of a competition law infringement or claim. Important questions are raised as to the transferability of principles developed in the patent arena and the burgeoning case law on injunctive relief to other IPR. It is also asked whether the UK’s departure from the EU may present an opportunity to develop a homegrown domestic tort of unfair competition.

Part 2 can be found here.

Part 1 can be found here.

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Stephanie Wickenden specialises in intellectual property, art and media law.

She has experience in commercial chancery cases in the creative and technology sectors, including contractual and tortious IT disputes, contentious trusts and estates matters involving creative assets, and shareholder and directors’ disputes involving IP breaches. A significant proportion of her practice has an international element, including cases involving disputed jurisdiction, foreign law, and service and enforcement out of the jurisdiction.

With a background in art and theatre, combined with expertise in IP, commercial and private international law, Stephanie is uniquely placed to advise on contentious and non-contentious matters relating to art and cultural property. Having spent three years at a top international law firm, she also advises on IP transactions and licensing.

Stephanie enjoys working as part of a team and is confident acting as sole counsel. She is regularly instructed in significant Intellectual Property cases before the UK courts, often unled and against KCs, including Thatchers v Aldi [2025] EWCA Civ 5 and EasyGroup v Nuclei and others [2023] EWCA Civ 1247. She has appeared before the CJEU (General Court), Court of Appeal, High Court and IPEC, and in registry proceedings before the UK IPO and EUIPO.