What We Do

Our EU, Competition and Regulatory Group comprises specialist lawyers with experience of working in London, Brussels and Dublin.

We provide expert legal advice on all aspects of EU, Competition and Regulatory matters, including merger control, behavioural issues including cartel and dominance cases, public procurement law, state aid rules, competition law audits and compliance, competition litigation and sectoral regulation.

We are ranked as one of the leading EU and competition law firms in Ireland by international legal directories, including The Legal 500.

Our EU, Competition and Regulatory Group is headed by Helen Kelly who has frequently been recognised as one of Ireland’s leading EU, competition and regulatory lawyers, and who was named as one of Ireland’s three best competition and antitrust lawyers by Euromoney Legal Media Group in its Guide to the World’s Leading Competition and Antitrust lawyers. Helen is also the only Irish lawyer nominated in the '100 Women in Antitrust' survey for Global Competition Review. Helen leads a team of dedicated experts who have built up a wealth of expertise in the competition and regulatory area and who pride themselves on offering clients the best advice on law and strategy.

Merger Control
We have significant EU and Irish merger control experience, including advising on mergers under the EU Merger Regulation and the Competition Act, 2002 (as amended). We have advised on a number of recent complex Phase II mergers before the Competition Authority including conditional and unconditional clearances and the giving of behavioural undertakings.

Behavioural/Contentious
We have considerable experience in advising on cartel and dominance investigations by the Competition Authority and European Commission including dawn raids and witness summons procedures. We act for companies accused of allegations of abuse of a dominant position by the Competition Authority and for clients making complaints to the European Commission and Irish Competition Authority alleging abuse of dominance.

State aid rules
We also specialise in State aid rules and regularly advise clients on the applicability of these regimes and the remedies available to them. We have advised the State in respect of allegations of State aid and have represented the State before the European Commission. We have also made numerous complaints to the European Commission alleging the grant of prohibited State aid and been involved in investigations by the European Commission.

Public Procurement Law
We advise on public procurement issues from the perspective of awarding authorities and utilities governed by the rules as well as bidders. We have also advised clients in respect of High Court proceedings seeking set aside and damages.

Competition Audits and compliance
We assist in the review of commercial agreements for compliance with EU and Irish competition rules, including block exemptions. An important part of this work involves an understanding of the interaction between competition rules and intellectual property law. We also assist in the preparation of competition audit and compliance programmes for clients, advise clients on “dawn raids” and witness summons procedures, and assist clients faced with “dawn raids” by the Competition Authority, sectoral regulators and the European Commission.

Competition Litigation
We advise on contentious competition and regulatory cases. We have represented both plaintiffs and defendants in some of the most significant competition cases before the Irish courts. We also have experience of litigation before the European Courts in Luxembourg.

Sectoral Regulation
We regularly advise on regulated sectors, such as telecommunications, broadcasting, postal services, energy and transport (including aviation, bus and rail).

We have a strong track record of representing clients on some of the most significant competition cases in Ireland to date.

Our Merger Control Experience includes advising:

• Stena AB, the leading shipping company on its acquisition of part of DFDS’ Irish sea ferry business and the successful unconditional clearance of that transaction by the Competition Authority following a Phase II investigation (full investigation).
• Ireland’s leading newspaper publishers, Independent News & Media PLC, The Irish Times Limited and Daily Mail Group on the conditional clearance by the Competition Authority of the proposed merger of Dublin freesheets, Herald AM and Metro, following a Phase II investigation.
• Alchemy Partners on the Competition Authority’s clearance of the acquisition by Noonan Services Group of competing security services provider Federal Security, following the receivership of NewCourt Group PLC.
• Carlsberg on the Irish aspects of its acquisition with Heineken of the Scottish & Newcastle business, the first ever referral back to the Competition Authority of an EU Merger Regulation transaction from the European Commission.

Our Contentious Competition Experience includes advising:

• On the top competition litigation case in Ireland in recent years for one of Ireland’s leading sugar suppliers, Gem Pack, in its High Court action for damages for abuse of a dominant position by Irish Sugar, now part of Greencore.
• On investigations by the Competition Authority into an alleged criminal cartel including advice on dawn raids, the Competition Authority’s leniency programme and the giving of sworn evidence to the Authority under its witness summons procedure.
• On the only amicus curiae (“friend of the court”) application by the Competition Authority before the High Court.

Our Behavioural Competition Experience includes advising:

• A company subject to two dawn raids as part of a complex on-going investigation by the Competition Authority.
• Drogheda Independent in successfully defending an investigation by the Competition Authority into a complaint regarding the abuse of a dominant position.
• Irish and international companies devising and operating exclusive and selective distribution arrangements on exclusive supply and exclusive purchase obligations including minimum purchase obligations, exclusive territories and criteria for selection of authorised distributors.

Our State aid / Procurement Experience includes advising:

• The Minister for Health on the complex State aid issues arising in the private health insurance market and the position of the State-owned VHI.
• The Minister for Transport on procurement and other competition issues on the establishment of a competition for an operator of Terminal 2 at Dublin Airport.
• The Industrial Development Agency (IDA) on various State aid issues.

Our Regulatory Experience includes advising:

• Mobile telecommunications provider 3 (part of Hutchison Whampoa) on regulatory issues including appeals against decisions of the communications regulator, ComReg in the voice call termination market and on its successful bid to roll out the National Broadband Scheme.
• An Post on regulatory as well as general competition matters.
• The National Lottery Company on its operations pursuant to the special regime that applies to lotteries in Ireland.
  

Sources call the team "tactically excellent and with intimate knowledge of the competition authority."
Competition/European Law: Chambers Europe 2011

This highly respected outfit continues to attract outstanding client feedback: "The team gives us 100% confidence, and the partners there really know how to facilitate a collegiate relationship. They provide extremely practical advice, and are thorough in terms of how to prepare and prevent." Clients appreciate "the sheer speed of response on complex matters," as well as the firm's size, which enables the competition team to draw in resources from other departments when necessary. Behavioral competition work and litigation are also important areas of the group's activity.
EU Competition/European Law: Chambers Europe 2010

Matheson Ormsby Prentice scores points for its "prompt and helpful advice" with partner Bonnie Costelloe considered "particularly good".
EU and Competition: European Legal 500 2010

Clients testify that they are "more than satisfied" with the service provided here. The six-strong team handles a mix of merger control, state aid, public procurement and regulatory matters, with the latter becoming increasingly important as companies seek to dispute ComReg rulings. It is recognised as a leader for the representation of banking, media and private health insurance companies.
Competition/European Law: Chambers Europe 2009

Sources point to group head Helen Kelly as the leading name on the team, and find her background in competition and regulatory law useful.
Telecommunications: Chambers Europe 2009

"Knowledgeable and providing good advice in a timely fashion".
Competition / European Law: Chambers Global 2008