Competition and Regulation

We have a strong track record of representing clients on some of the most significant competition cases in Ireland to date, for example:

• The group has led on the largest number of complex full Phase 2 Irish merger reviews in the market in recent years.  The Group is also the only Irish practice to have acted on a Phase 2 Irish media plurality review.
• On behavioural competition matters, we are the only Irish practice to have advised on all of the recently completed high-profile competition investigations by the Competition and Consumer Protection Commission (CCPC).
• We are also advising on the most complex competition litigation matter currently before the Irish courts.

"The Matheson team has a strong reputation for antitrust matters and is also now providing good advice relating to the imminent Irish foreign investment screening regime. They are our go-to firm for advice on these matters. Other Irish law firms don’t offer the same bench strength or international perspectives in these matters."
EU and Competition: The European Legal 500 2024

"Excellent alignment with in-house team with sound practical advice. In-depth knowledge of the regulator. Excellent response times and availability. Very good to deal with. "
EU and Competition: The European Legal 500 2024

"The team provided a depth of experience, bringing insights and perspectives from experience elsewhere. The team offers strong coverage which enables a broad agenda to be covered efficiently."
EU and Competition: The European Legal 500 2023

"Exceptionally strong team, very well-led by Niall Collins. Great depth in tech, financial services, and across a range of sectors. The team provides responsive, commercial and on-point advice. Excellent and first-choice in Ireland."
EU and Competition: The European Legal 500 2023

"They are certainly one of the leading Irish competition law practices and know the Irish regulator and courts very well – very capable."
EU and Competition: The European Legal 500 2023

'The team is excellent. It is client-focused and the standard of work produced is excellent - commercial, practical and very well researched.’
Competition/European Law: Chambers 2023

'The lawyers are very responsive and very good at discussing timelines and delivering against the same.’
Competition/European Law: Chambers 2023

'The team offers clear advice to support decision-making’
Competition/European Law: Chambers Europe 2023

'We are very pleased with the service provided by Matheson, not only the legal advice but also in terms of strategy.'
Competition/European Law: Chambers 2023

"A diverse team of commercially astute individuals delivering pragmatic advice relevant for the client’s business."
EU and Competition: The European Legal 500 2022

"Wide knowledge of specific industry sector (postal) and the particular regulatory environment within which it operates. Good understanding of specific challenges encountered when operating within the sector and always willing to offer practical advice on overcoming these challenges."
EU and Competition: The European Legal 500 2022

"Matheson’s EU and competition team provide excellent client service at all times. They are very knowledgeable on all aspects of competition law. They are also able to come up with straightforward and clever solutions to any significant issues that may arise."
EU and Competition: The European Legal 500 2022

"The EU and competition team have supported our business on a number of large and complex transactions and have proven that they have the knowledge and the resources to deliver quality results on time and to a high standard in time critical situations."
EU and Competition: The European Legal 5002022

"Not with standing the specialisation by the partners in their fields of expertise, they appear to be not just knowledgeable but also reasonably up to date in other fields. This type of crossover knowledge and broader informal remit can be extremely useful in devising and advising on case strategy."
EU and Competition: The European Legal 500 2021

"The Matheson EU and competition team blends its deep wealth of knowledge and experience of these particular areas of law with an ability to read its client’s needs and requirements quickly and comprehensively. In my dealings with them, I have found their advice to be solution focused, innovative, and very specific to the requirements of the situation. This is all delivered well within agreed timelines and in a communication style that is both technically excellent yet capable of being clearly understood by those of other disciplines. I have great confidence in the quality of knowledge and service provided by Matheson."
EU and Competition: The European Legal 500 2021

"Matheson have an excellent team in place and have real strength in depth across a number of areas."
EU and Competition: The European Legal 500 2021

The team "are timely and succinct in their advice."
Competition/European Law: Chambers Europe 2021

The team possesses a "depth of knowledge, experience, responsiveness and ability to provide a clear roadmap."
Competition/European Law: Chambers Europe 2021

We advise on requirements for merger control clearance including from the Competition and Consumer Protection Commission (CCPC), the Minister for Communications, and the European Commission.  We have in-depth experience of how to best manage merger control reviews.

We have successfully gained clearance for numerous complex mergers, including EU and Irish clearances at Phase II and subject to behavioural and structural remedies.  We specialise in advising clients on merger control risk when buying and selling businesses, including in competitive bid auctions.  We have in-depth experience across all sectors and markets to include financial services, technology, telecommunications, energy and utilities, healthcare, aviation, and food and beverage.  

Experience Highlights

We have advised:

• Smurfit Kappa on obtaining multiple merger control approvals across the globe, including from the EU Commission, for its multi-billion value merger to form Smurfit WestRock.
• Bank of Ireland on the CCPC’s full Phase 2 investigation into the proposed acquisition of certain assets and liabilities of KBC Bank Ireland PLC.
• Link Group on the CCPC’s full Phase 2 investigation into the proposed acquisition of sole control of Pepper Ireland Finance Holdings Limited.
• Macquarie on obtaining approval for its acquisition of the Beacon Hospital in Dublin.
• Waystone, on obtaining Irish and EU merger control approval for various transformational transactions, including investments by Montagu and HG and the acquisition of KB associates.
• Sky plc on obtaining Irish media merger clearance for competing bids for its acquisition by Comcast Corporation (successful) and 21st Century Fox (unsuccessful).
• On the only ever Phase II ‘media merger’ investigation by the Minister for Communications.
• Wexford Milk Producers Limited on the CCPC’s Phase II investigation into its merger with Glanbia, resulting in a clearance of the transaction without conditions.
• Three on the European Commission’s Phase II investigation of its acquisition of Telefónica Ireland, ‘O2’, resulting in a clearance of the transaction subject to conditions and on competition and regulatory issues following this clearance.

We advise clients on regulatory approvals needed for M&A transactions under foreign direct investment (FDI) screening regimes, including the new Irish FDI screening regime established under the Screening of Third Country Transactions Act 2023.  Similarly, we advise clients on clearances needed for M&A transactions and public tenders under the pre-clearance regime established under the EU Foreign Subsidies Regulation.

These regimes tend to be difficult for clients to navigate.  We are expert at identifying any necessary approvals and guiding clients through filing processes so as to ensure clearance and avoid delay.  Our team is highly experienced at representing clients in Ministerial reviews of their transactions.

While these are new and developing regimes, Matheson has a strong record of obtaining approvals in good time and is the only Irish practice with experience of advising on an in-depth, Phase 2 public interest review of a transaction by an Irish Minister (in the context of our media merger regime).

See our Guide on the new Irish FDI Screening Regime here.

We review commercial agreements for compliance with EU and Irish competition law including advising on devising and operating supply and distribution arrangements including restrictions such as minimum purchase obligations, exclusive territories and criteria for a selection of authorised distributors

We also assist clients in the design and implementation of bespoke competition compliance programmes, which minimise the risk of competition law breaches and penalties.  The solutions we offer include: tailored training and policies on competition compliance; and competition compliance audits.

We act for clients subject to investigations and clients reporting issues to a regulator, advising on all stages of an investigation from attending a Dawn Raid, witness summons, information requests, leniency applications, internal investigations, settlement negotiations, litigation and implementing remedies.

We have also developed a “Dawn Raid – Smart Response” app. The app is the first of its kind in Ireland, and helps companies manage a key risk: being subject to a regulatory dawn raid.

We have advised:

• On dawn raids and witness summonses in connection with the ongoing EU Commission and CCPC investigations of the Irish motor insurance sector, including attending a four-day dawn raid by the EU Commission in 2017.
• A global ticketing company in connection with the CCPC’s ongoing investigation of the secondary ticketing market.
• On the majority of recent cartel investigations by the CCPC, including making applications under the CCPC’s leniency programme and advising on criminal law aspects of investigations.

We advise on contentious competition cases, including the first follow-on action and the only action involving an amicus curiae application in Ireland to date. We have represented both plaintiffs and defendants in some of the most significant competition cases before the Irish courts, including anti-competitive agreements, abuse of a dominant position and follow-on damages actions. We also have experience of litigation before the European Courts in Luxembourg.

Experience Highlights 

We have advised:

• A defendant on ongoing Trucks Cartel follow-on damages litigation before the Irish Courts.
• ASL Aviation on proceedings against the EU Commission seeking damages of over €200m arising from the prohibition of the UPS/TNT merger.
• Sports Direct on High Court proceedings between Sports Direct and Heatons regarding non-compete restrictions.
• Google on a High Court action taken by Ryanair involving a complex mix of intellectual property and competition law issues.
• Leading Irish sugar supplier, Gem Pack in successfully settling the first follow-on damages action to be brought before the High Court, seeking damages for abuse of dominance.

We advise potential grantors and beneficiaries of State aid on the relevant EU and Irish rules applicable to them.  We have also made numerous complaints to the European Commission alleging the grant of prohibited State aid, and been involved in investigations by the European Commission.

 Experience Highlights

We have advised:

• A number of major energy companies on State aid complaints to the EU Commission.
• On State aid issues connected to the National Broadband Plan.
• RTÉ, the national broadcaster, on State aid allegations and an EU Commission investigation.
• On controversial EU Commission State aid investigations focused on Irish taxation matters.

We have in-depth expertise in public procurement issues.  We advise suppliers, awarding authorities and the State on public procurement law challenges.  We have advised clients in respect of High Court proceedings seeking set aside and damages and in respect of complaints to the European Commission.

Experience Highlights 

We have advised:

• Sport Ireland on its development of the National Indoor Arena.
• Numerous bidders on successful legal challenges of tender decisions.
• On one of the most lengthy and complex tenders in recent Irish history, for the National Broadband Plan.
• The Minister for Transport on procurement of an operator for Terminal 2 at Dublin Airport.

We regularly provide EU and Irish advice across a wide range of regulated sectors, such as digital markets, telecommunications, broadcasting, postal services, life sciences, food / grocery, energy and transport (including aviation, bus and rail).

We have advised many listed companies and market leaders including on compliance and engagement with sector-specific regulators in the context of licensing, regulatory compliance,  and enforcement in particular.  These regulators include, for example, ComReg, Coimisiun na Mean, the Health Information and Quality Authority (HIQA), the Health Products Regulatory Authority (HPRA), the Food Safety Authority of Ireland (FSAI), the Irish Aviation Authority, and the Competition and Consumer Protection Commission (CCPC).  We keep abreast of regulatory developments and assist clients in understanding the often complex and technical regulations that apply to their business.

We have also advised clients on challenging regulatory decisions made by Irish regulators, including by way of judicial review.

Experience Highlights 

We have advised:

Telecoms: Three on a range of regulatory issues and engagements with ComReg, including High Court proceedings by Vodafone, and its successful appeal against decisions of ComReg in the wholesale voice call termination market.

Postal Services: The national postal company on a range of regulatory issues, including defending a High Court action by ComReg seeking the imposition of a €12 million fine for alleged late delivery of mail.

Broadcasting: Traditional and non-traditional broadcasters on compliance with broadcasting Codes and licence obligations, including on the implications of the EU AVMS Directive and amendments to radio licences, including Discovery, Virgin Media and RTE. 

Governmental: Advising Irish Government Departments on implementing new EU regulatory requirements for certain sectors into Irish law, including advising on (i) introducing rules on supplies to retailers by food suppliers in the context of EU Directive 2019/ 633, and (ii)  introducing Accessibility rules for certain products and services in the context of EU Directive 2019/882.

Life Sciences: Multinational life sciences companies on regulatory and pricing matters arising during the life cycle of medicinal products including Medical Devices and Medicines, in addition to the compliance of pricing and discounting proposals made during reimbursement applications.

Travel: Advising online travel companies on compliance with EU laws, including the Package Travel Directive, and national laws which may require registration, licensing, insolvency and bond protection.

Airports: Advising Dublin Airport on regulatory price control matters and appeals of regulatory decisions.