'I Flicked an Elastic Band and Hit The Counsel Between the Eyes': A Q&A With Linklaters' Nicole Kar
The Magic Circle firm's head of competition talks about the Sainsbury's-Asda talks, the firm's canteen and bending her thumb backwards.
September 05, 2019 at 03:02 AM
6 minute read
Linklaters London head of competition Nicole Kar recently led the Magic Circle firm's team advising Sainsbury's on its failed merger attempt with rival Asda. She also co-heads Linklaters' global banking sector group and trade law practice.
Why did you become a lawyer?
I had a choice to make after university between doing something with my Japanese language studies or law. According to my parents, there was never any question: I was a bush lawyer from an early stage, arguing over pocket-money entitlement to start with.
What's your proudest professional moment?
I think probably qualifying as a lawyer. In Victoria (Australia), you have your admission 'moved' by a senior lawyer, in a wig and gown, before a judge. One of my best friends, now a senior lawyer at Barclays, moved my admission. I think sometimes you need a bit of theatre in this job.
What has been the standout deal you've advised on in the last year and why?
The Sainsbury's-Asda deal. Although it lacked a happy resolution, it was a standout case in that I've not experienced such a myriad of sources of political and regulatory oversight in a single case before. The Sainsbury's team was fantastic throughout, as were colleagues here who really threw themselves at it.
What's the worst thing that's happened to you while on the job?
While I was a judge's associate, sitting at a desk below the judge's bench and out of his eyeline, I was playing with an elastic band in an idle moment in court, lost control of it and hit leading counsel between the eyes, mid-submission. That has to make the top three.
What advice would you give to young lawyers starting out?
Try to spend time watching how lawyers you really admire do things – the way they explain complex issues to clients, how they deconstruct a case, how they prioritise. Part of being a good practitioner is having a great grasp of technical law and facts, part is having a good bedside manner and part is getting the best out of clients and colleagues.
What is the daftest bit of corporate jargon you've heard?
"Please go open the kimono with the other side" is up there. For some, the 80s has never really ended.
What drew you to competition law?
The mix of economics, law and wider public policy from a macro perspective and then the interest that comes from covering retail, mining, fintech and pharmaceuticals industries perhaps all in the course of a single working day.
What do you think has been the biggest change within the legal industry since you started out?
I think the number of senior women in the law has been a big change during the 20 years I've been a lawyer. Obviously there's still some way to go, but there are many hugely inspirational figures to aspire to. I've always found the senior women at Linklaters and friends of mine at economist consultancies and at the bar really generous with their time and with advice when you have a problem. My kids would add #girlsquad at this point but I'm not going to do that.
…and in competition law?
In competition law, I think the biggest change is how necessary it is to give advice not only on 'classical' competition law issues but also litigation, consumer law, criminal law, public law like foreign investment – it's a much broader remit than when I started out but more interesting for it.
What has been the most interesting investigation you've been involved with in your career?
I was involved in the first criminal cartel prosecution in the U.K. in the marine hose cartel. It was a fascinating case in which a cartel coordinator had the official (and documented) job of making sure that markets continued to be carved up between warring Japanese factions. I had just come back from maternity leave, was doing 3am calls with the U.S. and at times I felt like I'd stumbled onto the set of The Good Wife.
Who has been the biggest influence on your career?
A number of people really. I had a fantastic trade practices lecturer at university, Dr Clive Turner, who sparked my first interest in competition law. I had the good fortune to work for a really outstanding Federal Court judge in Australia, Justice Spender, who taught me a lot about considering the wider ramifications of a case and the importance of not making snap character judgements based on witness evidence. And I've been lucky to work with some really excellent lawyers in my career at Allens and at Linklaters.
What do you think is unique about Linklaters?
That people are incredibly generous with their time. These are lawyers at the top of their game, working on some of the most difficult deals and matters in the market, but they are never too busy to kick around an issue with you and to offer advice (and a friendly word) when you need it. And the canteen – top notch.
Favourite pastime?
I've taken up cycling with my daughter and we enjoy a Sunday morning spin around Hyde Park, followed by a stop at Bubbleology. Which kind of negates the cycling.
Tea or coffee?
Coffee. Definitely. I went cold turkey for two weeks in June and nearly lost my mind. I'm back up to a safer-for-everyone dosage of two to three espressos a day. On the plus side, I know all the best Antipodean coffee places within a 3km radius of Silk Street.
What's your best party trick/hidden talent?
I can bend my thumb backwards to my wrist. My kids are constantly asking me to do it. I think I'm probably giving myself arthritis but it's a good standby as a party trick. Not as impressive as a friend of mine, also in the law, who can fit her fist into her mouth.
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