The organisation has appointed Ali Nikpay as acting general counsel while it conducts its search, with applications for the post expected to close at the beginning of June.
News of McHenry’s retirement came as the OFT this week announced it had hired Jackie Holland as a director in its advisory, policy and international group.
McHenry joined the organisation from the Competition Commission in 2004 and last year carried out a radical overhaul of the organisation’s legal team. The restructuring saw the OFT expanding its litigation capacity and breaking up its standalone legal department so that lawyers were embedded within the various departments of the OFT.
Following the overhaul, McHenry kept his position as general counsel but only retained direct responsibility for the organisation’s in-house litigation and adjudication divisions.
The OFT has been taking an increasingly tough stance in recent years and has recently investigated matters including cartels within the construction industry and supermarket price-fixing. With the organisation’s stance becoming more proactive and litigation on the increase, disputes experience is likely to be vital for the next post-holder.
Commenting on the position, Martin Smith, head of Simmons & Simmons’ European Union and competition practice, told Legal Week: “The position of general counsel with the OFT is an important one and, with litigation on the increase, the role could quite possibly go to someone from private practice.”
Martin Coleman, head of competition at Norton Rose, added: “The OFT is increasingly involved before the courts, dealing with complex litigation. The OFT may be looking for a litigator with a background in competition and consumer law.”
The hire of a lawyer from private practice would be in line with other high-profile moves at public bodies, including the appointment of former Simmons competition head Peter Freeman as chairman of the Competition Commission at the end of 2005.
