Practices

Antitrust and Competition

Our expertise:

First established over 30 years ago, our group has a track record for precedent-setting wins in both merger control and contentious competition law cases, including in litigation before the Irish Supreme Court and the European Courts. We also pioneered the use of competitive effects analysis and economic evidence and testimony.

We advise on the full range of antitrust and competition matters, including merger clearance, “dominant firm" issues, cartel defence, state aid, sector regulation and EU law issues such as free movement, public procurement and customs.

Our clients include major multinational companies, state-owned operators, regulated utilities, small and medium enterprises and trade and representative associations. We also act for regulatory bodies, including the European Commission and the Commission for Communications Regulation, and for government departments.

We are the only Irish group to include lawyers with previous, high-level public enforcement experience at the Irish enforcement agency, the Competition and Consumer Protection Commission (the “CCPC”).

Key areas:  

State aid

Our State aid practice has unmatched experience of advising the private sector and State entities on all aspects, substantive and procedural, of State aid notifications and investigations. We also advise on State aid law issues as they impact on the structuring of corporate transactions, capital raising and other commercial arrangements.

Merger Control

Our merger control practice is widely considered pre-eminent in Ireland having advised on most of the landmark effects-based merger decisions over the past five years (and on well over 100 deals in total). In a number of complex “3 to 2” deals we have secured clearance unconditionally, had several high-profile and industry transformation deals cleared at Phase 1.

Cartels and Abuse of Dominance Issues

We act for clients in antitrust investigations by the CCPC and by the European Commission. We have unique experience in advising on immunity applications to CCPC under Irish immunity programme, including negotiation of a full immunity award with the Irish public prosecutor, the Director of Public Prosecutions, and the CCPC.

Foreign Investment Screening 

We work with leading domestic and multinational clients, helping them to navigate the complexities of the Irish foreign direct investment screening regime and to achieve FDI clearance. We also assist our clients to achieve European foreign subsidy clearance. 

Key highlights include advising:   

• Diageo Ireland on the compliance of its sales and distribution practices with Irish and EU competition law
• Doughty Hanson and TV3 management on the sale of the TV3 Group to Liberty Global  and ITV plc on the sale of UTV Ireland to Liberty Global, each of which was subject to three separate regulatory approvals: the Broadcasting Authority of Ireland, the Competition and Consumer Protection Commission and the Minister for Communications, Energy and Natural Resources
• Dublin City Council  in securing European Commission State aid approval for support measures for the Waste-to-Energy plant at Poolbeg, Dublin
• ESB on a range of legal issues including State aid, merger control, competition law, and general regulatory advice, including advising  in relation its innovative joint venture with Vodafone, SIRO
• Irish Government on EU law issues related to  IAG’s recommended cash offer for Aer Lingus
• Topaz, on its acquisition of Esso Ireland’s combined import, wholesale and retail businesses, arguably the most complex deal to have ever been examined by Irish merger control authorities