Competition/Antitrust Litigation

EXPERTISE

The Group works closely with colleagues in the firm’s litigation department on competition/antitrust disputes and is part of the firm’s competition disputes team, which is a multi-disciplinary team, combining litigation, advisory and regulatory expertise.

The team has leading expertise in advising on competition/antitrust litigation, including litigation arising from regulatory investigations, disputes with regulators and damages actions. We have a stand-out track record of handling complex and high-profile competition/antitrust disputes.

Click here for further information on the firm’s competition disputes team.

EXPERIENCE

Our experience includes:

  • Acting for Volvo and Renault Trucks in over 50 sets of High Court proceedings which have been instituted on foot of a finding by the European Commission that several truck manufacturers engaged in unlawful conduct between 1997 and 2011 in relation to truck pricing and the timing and passing on of the costs for the introduction of emission technologies. Volvo and Renault Trucks together with other truck manufacturers were subsequently fined a record €2.93 billion.
  • Acting for CRH plc in a successful challenge before the High Court and the Supreme Court, to the scope of documentation seized by the Competition and Consumer Protection Commission (CCPC) during a dawn raid at a wholly owned subsidiary, Irish Cement Limited. This case resulted in a landmark Supreme Court decision on the scope of dawn raid powers and the right to privacy.
  • Acting for Aer Lingus in the defence of State aid recovery actions by the Irish State following a European Commission’s decision that the lower rate of the Air Travel tax as applied between 2009 and 2011 constituted unlawful State aid, and in the action brought by Aer Lingus against the Irish State for the restitution of the Air Travel Tax and damages.
  • Advising the Minister for Finance of Ireland in relation to a High Court challenge of a €2.7 billion State recapitalisation of Irish Life & Permanent Group Holdings plc in July 2011 for financial stability purposes, including advising on State aid aspects of the case.
  • Acting for the Minister for Finance and the National Treasury Management Agency in obtaining a series of Court Orders pursuant to the Credit Institutions (Stabilisation) Act 2010 in relation to the restructuring of the banking sector and dealing with associated Court challenges, including the recapitalisation of Allied Irish Banks (AIB), the transfer of certain assets of Anglo Irish Bank Limited and Irish Nationwide Building Society and burden sharing through a Subordinated Liabilities Order in relation to AIB which included advising on State aid issues arising in the context of these measures.
  • Advising the Central Bank of Ireland on State aid and competition law issues arising in relation to measures to reorganise the credit union sector in Ireland for financial stability purposes, including advising on High Court applications to merge certain credit unions for financial stability purposes.
  • Representing eir, the Irish telecoms incumbent, before the High Court in several statutory appeals of decisions by the Commission for Communications Regulation (ComReg) designating eir as operator with “significant market power” (based on the competition law concept of dominance), and in the defence of enforcement actions by ComReg, including as regards the allegedly anti-competitive effects of certain bundling practices.
  • Advising retail group Heatons Ltd in relation to a claim for damages against ASICS Ltd for breaches of competition law relating to the sale of ASICs Footwear in Heatons stores.
  • Advising retail group Heatons Ltd in relation to a claim for damages against O’Neills Sports for breaches of competition law relating to the sale of GAA jerseys.
  • Acting for the Beef Industry Development Society Limited in proceedings before the High Court, the Supreme Court, and the Court of Justice of the European Union in a legal challenge taken by the Irish Competition Authority in respect of a proposed rationalisation scheme for the beef processing sector in Ireland.
  • Acting for Mars in High Court proceedings against HB Ice Cream Limited (owned by Unilever) for breaches of competition law in the ice cream market in Ireland.