Florence Loric

Florence Loric | Competition Law | Arthur Cox

Expertise

Florence is a partner in the firm’s Competition and Regulated Markets group. Florence’s practice extends across regulated network industries including in particular telecoms, energy, broadcasting, post and transport. She advises on all aspects of a regulated entity’s exposure to regulation and dealings with a regulator, be in on the scope of obligations, compliance issues, enforcement including dawn raids, or Court actions including statutory appeal or judicial review of regulatory decisions.  Florence has extensive experience in advising on European law and public and administrative law and of statutory appeals and judicial review challenges before the Irish High Court against, in particular, ComReg, the Commission for Regulation of Utilities (CRU) and the Commission for Aviation Regulation (CAR) as well as the Minister for Communications, Climate Change and Environment. She also advises on all aspects of European and Irish competition law, including State aid, merger control, dominance, horizontal and vertical agreements and public and private enforcement.

 

Experience

  • Telecoms. Recent experience includes advising in respect of the National Broadband Plan; advising in respect of spectrum awards in Ireland; representing eir in the dispute concerning SLAs brought by other operators before ComReg and associated appeal before the High Court; representing eir in the defence of enforcement proceedings brought by ComReg to the High Court seeking significant financial penalties and in a challenge to the constitutionality of the enforcement provisions for the imposition of financial penalties. Florence also advised eir on the EU and Irish competition and regulatory aspects of its acquisition by Xavier Niel and the NJJ Group including obtaining merger clearance by the European Commission, the Irish Minister for Communications and the Broadcasting Authority of Ireland.
  • Energy.  Florence advises on all aspects of regulation of the energy sector with a particular emphasis on wholesale regulation of energy (gas and electricity) transmission networks and of power plants. She has advised extensively in respect of key aspects of the all-island Single Electricity Market (SEM) and in respect of its redesign (I-SEM); and of the application of State aid to the energy sector.  Recent experience includes advising in respect of the European Commission’s inquiry into capacity remuneration mechanisms and representing a generator in its appeal under the Electricity Regulation Act 1999 of the CRU’s Decision to modify Electricity Generation Licences for I-SEM Go Live.
  • Transport.  Recent experience includes advising operators on competition law requirements and State aid in road transport; and advising on Groundhandling Regulations requirements at Dublin Airport. Florence has also advised extensively on the regulation of airport charges in the context of judicial review proceedings against CAR.
  • Dawn raids. Florence is a member of Arthur Cox’s Dawn Raid Response Unit and has significant experience in advising clients as regards dawn raids conducted by regulators. Recent experience includes assisting a client during a dawn raid conducted by the Irish Revenue Commissioners; and advising and representing an undertaking in respect of a dawn raid conducted in July 2017 in the insurance sector by the European Commission. Florence was also involved in assisting the CRH group in the dawn raid conducted by the Competition and Consumer Protection Commission in May 2015, and its successful challenge before the High Court and Supreme Court of the seizure of certain documents.
  • Competition Law Litigation.  Recent experience includes advising Aer Lingus in its ongoing defence of State aid recovery proceedings brought by the State in the Irish Competition Court in the context of the Air Travel Tax, and in the ongoing proceedings brought by Aer Lingus against the State for restitution of the ATT and for damages
Education
  • LL.M, College of Europe, Bruges, 1998
  • Maîtrise de Droit, Université de Rennes I, France, 1996
  • Diplôme de l’Institut d’Etudes Politiques de Rennes, France, 1995
  • Admitted as a solicitor, 2008
Memberships
Law Society of Ireland