Expertise
Kate is a partner in the Competition and Regulation Group. Prior to joining Matheson, Kate worked at a Magic Circle law firm in London.
Kate’s competition practice involves advising clients on merger control, behavioural competition issues (including investigations of alleged collusion and abuse of dominance), State aid, the Foreign Subsidies Regulation, Foreign Investment Screening regimes & public procurement competition issues.
Kate’s regulatory practice involves advising clients on compliance with telecommunications, broadcasting, digital markets, Life Sciences and postal regulation. Kate frequently advises clients on challenging decisions by sector regulators.
Kate has advised on numerous notable regulatory processes and court cases and so clients turn to Kate for expert advice on defending their interests and for practical solutions which achieve their commercial objectives.
Kate contributes articles to leading international legal publications and speaks regularly on competition and regulatory law issues.
Experience Highlights
Recent matters on which Kate has led and advised include:
Telecoms, Media & Digital Regulation
- Advising on regulatory approvals for Irish telecoms M&A deals, including multiple transactions involving Three Ireland, Speed Fibre Group, NBI, and eir.
- Advising Mediahuis on M&A deals, including the only ever Phase 2 media merger review.
- Advising Daily Mail on M&A deals and on general competition law issues.
- Advising on High Court challenges of telecoms regulatory decisions by the Irish regulator, ComReg, including acting for Three Ireland, Sky Ireland and Vodafone Ireland.
- Advising on High Court challenges of decisions by Dublin Airport’s regulator, the Irish Aviation Authority
- Advising on issues related to the EU Digital Markets Act and other EU rules for the Digital Sector
Competition Approval / Merger Control
- Advising Smurfit Kappa Group on obtaining competition approvals across the globe, including from the EU Commission, for its merger into Smurfit WestRock.
- Advising Macquarie Asset Management on obtaining competition approval for its acquisition of the Beacon Hospital in Dublin
- Advising Bank of Ireland on obtaining competition approval for its acquisition of the assets of KBC Ireland, subject to remedies, following a Phase 2 process before the Irish Competition and Consumer Protection Commission (CCPC)
- Advising AIB on obtaining competition approval for the formation, in cooperation with its competitors, of the Yippay payments joint venture, subject to remedies following a Phase 2 CCPC process.
- Advising Orpea on obtaining competition approval, subject to remedies at Phase 1, for a series of acquisitions of nursing home businesses across Ireland.
Competition Investigations
- Advising on inspections by the EU Commission and the CCPC in Ireland, including a 2024 EU inspection of a data centre construction business and a 2017 EU inspection of an insurance business and Irish inspection of a private home.
- Advising Brokers Ireland on the CCPC investigation into the private motor insurance sector, which lasted from 2016 to 2021 and involved witness summonses and extensive information requests.
- Advising on identifying and mitigating risk, in the context of actual and potential competition authority inspections and investigations, including through making immunity / leniency applications on behalf of clients and through introducing corrective compliance measures.
Competition Litigation
- Acting in defence of a follow-on action for damages arising from the European Commission's decision in the 'Trucks' case.
State Aid
- Advising the Irish Government on the obtaining State aid approval for its Renewable energy subsidy schemes.
- Advising on making State aid complaints and defending numerous high-profile State aid investigations by the EU Commission.
Accolades
“Kate McKenna is excellent. Knowledge is excellent, but also applies it in a very practical way that can be applied within the business. Calum Warren is excellent, with very timely turnarounds on advice. Gives sound, workable solutions.”
EU and Competition: The European Legal 500 2024
“I valued her advice and way of working immensely.”
Competition/European Law: Chambers Europe 2023
“Kate was excellent at every juncture - whether that was talking us through the issues, providing a letter for our members or simply responding to various queries that arose.”
Competition/European Law: Chambers Europe 2023
“She knows our business and provides timely, client-focused solutions to complex competition and regulatory matters.”
Competition/European Law: Chambers Europe 2023
“Kate is incredibly knowledgeable in her field, with an excellent ability to anticipate client Competition/European Law: Competition/European Law: Chambers Europe 2023
“Kate McKenna is both knowledgeable and client-focused in providing regular updates and advice.”
Competition/European Law: Chambers Europe 2023
“She is very capable, always well informed and able to draw multiple complex strands together. We feel we can rely on her not to let any ball drop.”
Competition/European Law: Chambers Europe 2023
“She offers excellent customer service, understanding our challenges and needs. She demonstrates high standards, is open-minded, attentive and reliable and creates a secure, trusted environment.”
Competition/European Law: Chambers Europe 2023
“ Kate McKenna has a really impressive ability to successfully navigate complex and sensitive issues.”
Telecoms: The European Legal 500 2022
“Kate McKenna has an excellent understanding of the local market and challenges faced by innovative pharmaceutical companies.”
EU and Competition: The European Legal 500 2022
“Kate McKenna is an excellent lawyer and relationship partner. She is reliable and always responsive. She approaches all queries in a pragmatic and commercially focused manner.”
EU and Competition: The European Legal 500 2022
"Always responsive and aware of the specifics of our sector."
Competition/European Law: Chambers Europe 2022
"Incredibly thorough and very technical"
Competition/European Law: Chambers Europe 2021
“Kate McKenna supports an exceptional knowledge of European and state aid law. Kate has a pragmatic view that extends beyond the legislation into a deep understanding of the practicalities of delivering public sector policy.”
Public Sector: The European Legal 500 2021
“Kate McKenna and her team are approachable and provide practical advice. Kate is responsive and efficient.”
EU and Competition: The European Legal 500 2021
“Kate McKenna combines exceptional communications skills with, in my experience, unparalleled depth of legal knowledge and experience in EU and competition law. Kate honed in on the key issues, both legal and commercial, that needed to be addressed and dealt with those in a clear, succinct manner, and identified an innovative solution. In over three decades of managing commercial transactions, I have yet to identify a lawyer in the area of EU and competition law in whom I would have greater confidence than Kate.”
EU and Competition: The European Legal 500 2021
“Kate McKenna is excellent in her field.”
EU and Competition: The European Legal 500 2021
“Kate McKenna is a remarkably erudite lawyer second guessing collateral issues.”
EU and Competition: The European Legal 500 2021
Kate McKenna "has an amazing ability to distil very complex legal advice into comprehensible language."
Competition/European Law: Chambers Europe 2020
She is quick to grasp the key issues and is calm and practical," says another source.
Competition/European Law: Chambers Europe 2020
Education
Trinity College Dublin (LLB, First Class Honours)
BPP Law School London (Legal Practice Course, Distinction)