Arthur Cox’s highly regarded EC and Competition Group’s core practice areas are European and Irish competition and merger control law, European State Aid law and regulatory law. The Group continues to be involved in the most high-profile merger control and competition law cases arising in Ireland.
We have been involved in over 60% of the cases in which the Irish Competition Authority has undertaken a Phase II investigation to date, and have acted in a number of ground-breaking cases, such as the first referral of a case from the European Commission to the Irish Competition Authority (Heineken/Scottish & Newcastle), the first appeal of an Irish Competition Authority decision before the Irish Courts (Kerry Group/Breeo Foods) and the first case involving a complex “warehousing” arrangement by the parties involved (NTL/UGC). Other recent high profile merger control cases in which the Group has been involved include: Aer Lingus/Ryanair, CRH/Ancon Group and Scottish & Southern Energy plc/Airtricity Holdings.
The Group has also been involved in the most high-profile competition law cases arising in Ireland such as the Competition Authority’s challenge to a Government-backed rationalisation of the beef processing sector (Competition Authority v BIDS) and civil actions for damages resulting from competition law infringements (Mars v BIDS).
The Group has also been advising the Irish Government on the competition and State Aid aspects of the Irish Bank Guarantee Scheme.
The Group currently consists of three partners, John Meade and Patrick O'Brien and Fiona McKeever, one associate, Richard Ryan, and a consultant, Joe Brosnan. John Meade has been Head of the Group since he joined Arthur Cox in 1990.
Arthur Cox’s EC and Competition Group’s is comprised of a highly experienced group of competition lawyers, dedicated to the practice of Irish and EC merger, competition and State Aid law in the broadest range of industrial sectors. We have expertise in the following areas of law:
- Investigations into potential breaches of Articles 81 and 82EC Treaty by the European Commission
- Investigations into potential breaches of sections 4 and 5 of the Irish Competition Act by the Competition Authority
- Dawn raids carried out by the European Commission or the Competition Authority
- Review of commercial agreements
- Competition law compliance programmes
- State Aid investigations by the European Commission
- ECMR merger control advice
- Competition Act merger control advice.
Our clients operate in the following sectors:
- Aviation
- Banking
- Builders’ merchanting
- Construction
- Energy
- FMCG
- Insurance
- Licensed bookmaking services
- Media
- Pharmaceutical
- Port facilities
- Retailing
- Telecoms
- Technology
- Waste management
Competition
Competition law advice is a core practice area for the group. We continue to advise our clients on all aspects of competition law including, representing them in proceedings before the Irish Competition Authority (both as complainant and defendant) and before the Irish Courts. A number of these cases have included the most significant instances of Irish competition law litigation over recent years.
We have also represented clients in competition law and state aid investigations undertaken by the European Commission and in proceedings before the European Courts in Luxembourg. We continue to advise clients on all aspects of competition law compliance.
Significant competition and State Aid law cases include:
- Advising Mars, Incorporated on a follow-on action for damages against H.B. Ice Cream Limited (owned by Unilever PLC), in relation to breaches of Articles 81 and 82 of the EC Treaty relating to freezer exclusivity in the impulse ice-cream market in Ireland. This action represented the final episode in one of the most well-known competition law cases to have come before the Irish and European courts and one that had been ongoing since 1990.
- Advising the Irish Government on the EC competition and State aid aspects of a bank guarantee scheme which the Irish Government announced on 30th September, 2008 in order to maintain the stability of the Irish financial system and to remedy a serious disturbance in the Irish economy caused by a combination of the recent turmoil in global financial markets and the particular macro economic conditions in Ireland.
- Advising the Beef Industry Development Society Limited (BIDS) in relation to civil proceedings taken by the Competition Authority against BIDS. The case is presently before the European Court of Justice (ECJ). The ECJ heard oral submissions from the parties and from the European Commission and the State of Belgium on 4th June, 2008. The judgement of the ECJ is dues 20th November 2008.
A selection of other recent competition law cases include:
- Advising Metro, the free morning newspaper, before the Competition Authority in relation to its exclusion from the Joint National Readership Survey (“JNRS”). Following an investigation by the Competition Authority, the JNRS subsequently amended its rules to allow Metro to be included in the survey.
- Continuing to advise Heatons before the Competition Authority on the refusal by O’Neills Sportswear to supply its Sports World stores with replica GAA County shirts.
- Advising an existing client in relation to dawn raids undertaken by the Competition Authority earlier in the year.
- Advising clients in relation to sectoral studies undertaken by the Competition Authority.
- Advising clients in relation to compliance with competition law.
Merger Control
The group continues to be extremely busy in its core practices of merger control law and is involved in the most high-profile cases which have been reviewed by the Irish Competition Authority. A number of these cases have given rise to complex jurisdictional and substantive issues, which are often only being considered for the first time by the Irish Competition Authority. To date, the Group have been instructed by one of the notifying parties in approximately 60% of the cases in which the Competition Authority has undertaken a phase II investigation. Our involvement in phase II cases increases when one includes instances where we have been instructed by an interested third party or complainant.
Significant merger control cases include:
- Advising Scottish & Newcastle, and subsequently its subsidiary, Beamish & Crawford, on the Irish merger control aspects of a joint bid made for Scottish & Newcastle by Heineken and Carlsberg. The offer for Scottish & Newcastle’s worldwide business was notified to the European Commission for its review under the EC Merger Control Regulation. The European Commission decided, following a request from the Irish Competition Authority, to refer the Irish aspects of the proposal to the Irish Competition Authority for its review under Irish merger control rules, pursuant to Article 9 of the Merger Control Regulation (the European Commission approved the other aspects of the joint bid). This was the first Article 9 referral that has been made by the European Commission to the Irish Competition Authority. The Authority subsequently approved the Irish aspect of the proposal after a phase II review.
- Advising Reox Holdings Limited on the proposed disposal of its consumer foods business, Breeo Foods Limited, to Kerry Group. This was an extremely significant case for the Irish Competition Authority as it involved the review of an unprecedented nine product markets, as well as the analysis of economic, econometric, third party and documentary evidence. The Irish Competition Authority’s decision to block the transaction has subsequently been appealed to the Irish High Court, which is the first time such an appeal has been brought under Irish merger control legislation.
A selection of other merger control cases include:
- Advising Airtricity Holdings Limited, which is a renewable energy company specialising in wind farms, on the merger control aspects of the purchase of the company by Scottish and Southern Energy plc.
- Advising GE on merger control aspects of the proposed acquisition of a controlling interest in Tynagh Energy Limited, which owns the 385 MW combined cycle gas turbine power plant at Tynagh, County Galway, and a 50% interest in Gama Enerji AS, which owns certain energy and water businesses located in Turkey.
- Advising UTV plc on the merger control aspects of its proposed acquisition of FM104.
- Advising Noonan Group on the merger control aspects of its disposal of its facilities services business to Alchemy Partners LLP.
- Advising CRH plc on merger control aspects of its acquisition of the Ancon group of companies (construction accessories). Clearance was granted by the Competition Authority.
The Practice
We are one of the only firms in Northern Ireland to practise competition law, working closely with colleagues in our Dublin office. We aim to provide practical, commercial, no-nonsense advice which our clients can easily understand and follow. Our clients operate in many different sectors of the economy and include public and private bodies, giving us a unique insight into the issues that are important to them.
Competition regulators worldwide have prioritised the detection and prosecution of cartel activities, such as price-fixing, bid-rigging and market-sharing as these are prohibited by most competition law regimes internationally. In Europe, the size of fines imposed on companies engaged in cartel activity has steadily increased over recent years. In the UK, the OFT’s annual plan for 2009/2010 focuses on the prosecution of cartel activity. Disqualification as a director may also follow a conviction competition law offence in Ireland. Given the focus for competition law investigations, now, more than ever, our expertise is invaluable to a company that discovers a problem, or faces the prospect of an investigation.
Expertise
Our clients are significant Northern Ireland, Irish and international companies operating in sectors as diverse as aviation, banking, builders’ merchanting, construction, energy, FMCG, insurance, media, pharmaceutical, port facilities, retailing, telecoms, technology and waste management.
We have expertise in the following areas of law:
- investigations into competition law investigations
- unannounced or “dawn raids” carried out by competition regulators
- developing competition law compliance programmes
- competition law audits
- review of commercial agreements
- State Aid investigations by the European Commission
- ECMR merger control advice
- Competition Act merger control advice
Experience
- Advising NI public bodies on the application of EC State Aid law
- Advising a number of international companies on the merger control and competition due diligence aspects of acquisitions of leading Northern Ireland companies
- Advising companies in relation to competition law compliance
People
Fiona McKeever