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Patrick O'Brien

Partner

+353 (0)1 618 0519 (Direct Line)
pat.obrien@arthurcox.com

Dublin » Arthur Cox, Earlsfort Centre, Earlsfort Terrace, Dublin 2, Ireland

Expertise

Pat is a member of the firm's EU and Competition Group. He has extensive experience in both Irish and EU Competition Law issues and in the review of mergers and acquisitions before Irish and European regulatory authorities.

In addition, Pat has also been involved in a number of Irish High Court, Supreme Court and European Court proceedings involving the application of Irish and EC competition law. He was the lead instructing lawyer representing the Irish beef industry in the long running BIDS case involving the application of Article 101 of the TFEU. Pat represents a wide variety of clients in many sectors.

Experience

Pat has over 20 years experience in advising a wide range of clients on Irish and EU competition law and merger control issues as well as competition litigation. Recent work includes:

  • Representing Irish beef industry in long running case brought by the Irish Competition Authority alleging infringement of Article 101 TFEU - High Court, Supreme Court and European Court of Justice 2003 - 2011
  • Advising Mars on action for damages in Irish High Court following successful outcome of long running proceedings in the Irish and European Courts concerning freezer exclusivity
  • Advising CRH plc and Roadstone-Wood Limited in competition law proceedings taken against them by Goode Concrete alleging abuse of a dominant position and collusion with a competitor
    Representing Fyffes plc in dawn raid conducted by the European Commission
  • Representing clients in cartel immunity applications to the Irish Competition Authority under the ECN Model Leniency Programme
  • Advising the HSE on competition law proceedings taken by Medicall Ambulance Limited against the HSE alleging abuse of a dominant position
  • Advising the Licensed Vintners association on the compatibility with competition law of collective arrangements among it members including in the context of investigation and Court proceeding by the Competition Authority
  • Advising CRH Europe Group Materials on Irish aspects of its disposal of its insulation business
  • Advising Meat Industry Ireland on competition law issues associated with the introduction of a new Quality Payment System (QPS)
  • Advising Greencore plc on Irish merger control notification in relation to proposed merger with Northern Foods plc
  • Advising  Northern Trust on Irish merger control in relation to its purchase of Bank of Ireland Securities Services
  • Advising Viridian on Irish merger control issues in relation to the disposal of its subsidiary Northern Ireland Electricity to the ESB
  • Advising Pharmaceutical Distributors Federation ( PDF) on parallel import issues
  • Advising Greencore Ireland plc on merger control issues on its sale of Drummonds Ltd
  • Advising Vodafone on Irish merger control issues in relation to a acquisition of certain BT assets
  • Advising Associated Hardware and National Hardware on competition law issues relating to a purchasing JV
  • Advising Reox Holdings and Breeo Foods on the Irish merger control aspects of the disposal of Breeo to the Kerry Group
  • Carrying out mock dawn raids on client premises
  • Revising and implementing competition law compliance programmes for a number of clients

Pat has also lectured on a number of occasions for the Masters Programme in Trinity College Dublin and University College Dublin.

Practice Areas

Education

  • Higher Diploma in Advanced European Law, 1988, College of Europe, Bruges
  • BCL, 1987, University College, Cork

Professional

  • Admitted as a solicitor in Ireland, 1993

Memberships

  • Irish Society for European Law
  • Irish Centre for European Law
  • Pat was, for two years ( 2005 - 2007), a member of the National Competitiveness Council appointed by the Minister for Enterprise Trade & Employment

Authorship

  • Pat is the Irish contributor on an annual basis to the publication EC Competition Law Handbook
  • Pat co-ordinated, for three years, the Irish chapter of The Public Competition Enforcement Review