Matheson


Practice Areas

EU, Competition and Regulatory

EU, Competition and Regulatory

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Expertise

"In Ireland, we would only use Matheson."
Chambers Europe

The EU, Competition and Regulatory Group is consistently acknowledged as an outstanding market leader by clients and international legal directories.  The Group is the largest practice of its kind in Ireland, with a wealth of expertise and resources enabling it to deliver timely and solution-driven legal advice to clients.

Our team of dedicated specialists have experience of working in Brussels, Dublin and London.  Head of Group, Helen Kelly, is regularly recognised as one of Ireland’s leading lawyers, and is the only Irish lawyer nominated in Global Competition Review’s “100 Women in Antitrust”.  Partner, Kate McKenna, is frequently recognised as a “Lawyer to Watch” and a “Rising Star” by international legal directories.  Helen and Kate lead a skilled team of lawyers who are experienced in providing complex and comprehensive legal and strategic advice in their specialist areas, including the following:

Experience Highlights

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:

  • Three (part of Hutchison Whampoa) on the European Commission’s Phase II investigation of its acquisition of Telefónica Ireland, ‘O2’ resulting in a clearance subject to conditions;
  • On the merger of two of Ireland’s major bakeries, Irish Pride and Pat The Baker, which involved obtaining unconditional Phase I clearance from the Competition and Consumer Protection Commission (CCPC);
  • Wexford Creamery on the CCPC’s Phase II investigation into its merger with Glanbia, resulting in an unconditional clearance of the transaction;
  • Aramark on its recent acquisition of Avoca Handweavers Limited, which resulted in a successful unconditional Phase I clearance from the CCPC;
  • The Minister for Finance on the European Commission’s unconditional Phase I clearance of the sale of Irish Life Group to Great West Lifeco, the parent company of Canada Life.

Our Contentious Competition Experience includes advising:

  • On the only follow-on damages action that has been brought before the High Court to date, where we acted for one of Ireland’s leading sugar suppliers, Gem Pack, in seeking  damages for abuse of a dominant position by Irish Sugar;
  • On the only amicus curiae application by the Irish competition regulator before the High Court;
  • On the preparation of a report to the European Commission on Irish law issues in relation to the defence of ‘pass-on’ in the context of private competition law damages actions.

Our Behavioural Competition Experience includes advising:

  • On the majority of recent investigations by the CCPC into alleged cartels including attendance at dawn raids, advising on eligibility for the CCPC’s leniency programme and advising on the giving of sworn evidence to the CCPC under its witness summons procedure;
  • 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 Experience includes advising:

  • The Minister for Health on the complex State aid issues arising in the private health insurance market, including advising on the position of the State-owned VHI and on the proposed introduction of Universal Health Insurance;
  • The Post Office Ltd on the successful application for State aid clearance for its receipt of UK public funding of around €890 million for providing public services over the period 2015-18;
  • The Industrial Development Agency (IDA) on various State aid issues.

Our Procurement Experience includes advising:

  • An Post, as an awarding authority and as a bidder for public contracts, on a wide range of public procurement law issues;
  • The Minister for Transport on procurement and other issues on the establishment of a competition for an operator of Terminal 2 at Dublin Airport.

Our Regulatory Experience includes advising:

  • Three on a range of regulatory issues, including 2015 High Court proceedings by Vodafone, its successful appeal against decisions of ComReg in the wholesale voice call termination market, and its successful bid to roll out the National Broadband Scheme;
  • An Post on a range of regulatory issues, including on defending a High Court action by ComReg seeking the imposition of a €12 million fine on An Post;
  • Premier Lotteries Ireland, which is subject to regulation under the supervision of the Office of the Regulator of the National Lottery which was established by the National Lottery Act 2013;
  • A broad range of global technology companies on the telecommunications regime in Ireland, including in respect of regulatory obligations under ComReg’s General Authorisation (GA), Fixed Wireless Access Local Area (FWALA) licences and Premium Rate Service (PRS) rules and other sector specific licences.

Accolades

"Matheson gives a "first-class customised service".
Chambers Europe 2019

“We depend on Matheson on cases which are of supreme importance to our organisation and we would not consider using anyone else.”
Chambers Europe 2019

“The team is superb. It is commercial, incisive, strategic and have a strength and breadth of resources.”
Chambers Europe 2019

"They are able to put the client at ease, are very aware of the seriousness of the issues and are capable of looking into all the material."
Chambers Europe 2018

"They’re incredibly reactive and facilitative – excellent lawyers and reputation – very competent and professional.  In Ireland, we would only use Matheson.  They are our only counsel there and a stronger firm than the others."
Chambers Europe 2016

"In Ireland, we would only use Matheson."
Chambers Europe

The EU, Competition and Regulatory Group is consistently acknowledged as an outstanding market leader by clients and international legal directories.  The Group is the largest practice of its kind in Ireland, with a wealth of expertise and resources enabling it to deliver timely and solution-driven legal advice to clients.

Our team of dedicated specialists have experience of working in Brussels, Dublin and London.  Head of Group, Helen Kelly, is regularly recognised as one of Ireland’s leading lawyers, and is the only Irish lawyer nominated in Global Competition Review’s “100 Women in Antitrust”.  Partner, Kate McKenna, is frequently recognised as a “Lawyer to Watch” and a “Rising Star” by international legal directories.  Helen and Kate lead a skilled team of lawyers who are experienced in providing complex and comprehensive legal and strategic advice in their specialist areas, including the following:


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:

  • Three (part of Hutchison Whampoa) on the European Commission’s Phase II investigation of its acquisition of Telefónica Ireland, ‘O2’ resulting in a clearance subject to conditions;
  • On the merger of two of Ireland’s major bakeries, Irish Pride and Pat The Baker, which involved obtaining unconditional Phase I clearance from the Competition and Consumer Protection Commission (CCPC);
  • Wexford Creamery on the CCPC’s Phase II investigation into its merger with Glanbia, resulting in an unconditional clearance of the transaction;
  • Aramark on its recent acquisition of Avoca Handweavers Limited, which resulted in a successful unconditional Phase I clearance from the CCPC;
  • The Minister for Finance on the European Commission’s unconditional Phase I clearance of the sale of Irish Life Group to Great West Lifeco, the parent company of Canada Life.

Our Contentious Competition Experience includes advising:

  • On the only follow-on damages action that has been brought before the High Court to date, where we acted for one of Ireland’s leading sugar suppliers, Gem Pack, in seeking  damages for abuse of a dominant position by Irish Sugar;
  • On the only amicus curiae application by the Irish competition regulator before the High Court;
  • On the preparation of a report to the European Commission on Irish law issues in relation to the defence of ‘pass-on’ in the context of private competition law damages actions.

Our Behavioural Competition Experience includes advising:

  • On the majority of recent investigations by the CCPC into alleged cartels including attendance at dawn raids, advising on eligibility for the CCPC’s leniency programme and advising on the giving of sworn evidence to the CCPC under its witness summons procedure;
  • 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 Experience includes advising:

  • The Minister for Health on the complex State aid issues arising in the private health insurance market, including advising on the position of the State-owned VHI and on the proposed introduction of Universal Health Insurance;
  • The Post Office Ltd on the successful application for State aid clearance for its receipt of UK public funding of around €890 million for providing public services over the period 2015-18;
  • The Industrial Development Agency (IDA) on various State aid issues.

Our Procurement Experience includes advising:

  • An Post, as an awarding authority and as a bidder for public contracts, on a wide range of public procurement law issues;
  • The Minister for Transport on procurement and other issues on the establishment of a competition for an operator of Terminal 2 at Dublin Airport.

Our Regulatory Experience includes advising:

  • Three on a range of regulatory issues, including 2015 High Court proceedings by Vodafone, its successful appeal against decisions of ComReg in the wholesale voice call termination market, and its successful bid to roll out the National Broadband Scheme;
  • An Post on a range of regulatory issues, including on defending a High Court action by ComReg seeking the imposition of a €12 million fine on An Post;
  • Premier Lotteries Ireland, which is subject to regulation under the supervision of the Office of the Regulator of the National Lottery which was established by the National Lottery Act 2013;
  • A broad range of global technology companies on the telecommunications regime in Ireland, including in respect of regulatory obligations under ComReg’s General Authorisation (GA), Fixed Wireless Access Local Area (FWALA) licences and Premium Rate Service (PRS) rules and other sector specific licences.

"Matheson gives a "first-class customised service".
Chambers Europe 2019

“We depend on Matheson on cases which are of supreme importance to our organisation and we would not consider using anyone else.”
Chambers Europe 2019

“The team is superb. It is commercial, incisive, strategic and have a strength and breadth of resources.”
Chambers Europe 2019

"They are able to put the client at ease, are very aware of the seriousness of the issues and are capable of looking into all the material."
Chambers Europe 2018

"They’re incredibly reactive and facilitative – excellent lawyers and reputation – very competent and professional.  In Ireland, we would only use Matheson.  They are our only counsel there and a stronger firm than the others."
Chambers Europe 2016



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