• EU Competition Law
  
  
• Irish Merger Control Regime
  
  
• Irish Competition Legislation
  
  

EU competition law is one of the most significant aspects of the EU regulatory regime affecting business in Ireland and Europe.

Members of the EU, Competition and Regulated Markets Unit at LK Shields Solicitors advise on all aspects of EU competition law and have extensive experience, including in the following areas:

• Advising clients on competition issues relating to business agreements, e.g. restraints of trade;
  
  
• Lodging complaints alleging anti-competitive behaviour with the European Commission on behalf of clients, for example in relation to cartels;
  
  
• Advising clients that may occupy a dominant position in a particular market on abuse issues, for example pricing and refusal to supply;
  
  
• Preparing notifications to the European Commission regarding large scale multi-Member State mergers that are subject to the EU Merger Control Regulation;
  
  
• Advising clients on the application of EU State Aid rules;
  
  
• Liaising with officials in the European Commission on various competition law matters; and
  
  
• Putting in place compliance programmes for clients, which are designed to educate and create awareness of the EU competition system.

The Competition Acts 2002 to 2010 (the Competition Acts) regulate mergers and acquisitions in Ireland which exceed given financial thresholds or which are anti-competitive.

Members of the EU, Competition and Regulated Markets Unit at LK Shields Solicitors have significant experience in the field of merger control including:

• Preparing merger notifications to the Competition Authority;
  
  
• Liaising with the Competition Authority in its investigation of merger notifications and managing the review process on behalf of the notifying parties;
  
  
• Advising clients on all aspects of the Competition Acts; and
  
  
• Making submissions to the Competition Authority to confirm or deny the accuracy of the firm's views on aspects of the Competition Acts.

We have provided competition law advice to clients in
relation to numerous high profile transactions which were subject to the Irish merger control regime. In fact, in the three year period to 2010 we were involved in over half the merger notifications made to the Competition Authority which underwent a full "phase 2" investigation. Significant transactions in which we have been involved during this
period include:

• Advising Communicorp Group Limited on the acquisition from Scottish Radio Holdings Limited of a number of its Irish subsidiaries, including the radio stations Today FM, FM104 and Highland Radio. This large scale media merger was notified to the Competition Authority in 2007 and underwent a phase 2 investigation by the Competition Authority. Members of the EU, Regulated Markets and Competition Unit liaised with the Authority in providing clarifications and further information required for the investigation. They also met with the Authority to discuss proposals designed to address competition concerns raised by the proposed transaction. The merger was cleared with conditions; and
  
  
• Advising Veolia Propreté SA on the sale of its non-hazardous waste business in Ireland (Veolia Environmental Services (Ireland) Limited) to Greenstar Holdings Limited. This merger involved the two of the largest players in the Irish waste market and was subject to a phase 2 investigation by the Competition Authority. The merger was cleared without conditions in 2010.

It is important for businesses to be aware of the non-merger provisions of the Competition Acts given the increased level of enforcement by the Competition Authority and the significant criminal sanctions imposed both on undertakings in breach of the Competition Acts and on directors, managers and other officers who consented to or authorised the anti-competitive activities concerned.

Members of the EU, Competition and Regulated Markets Unit at LK Shields Solicitors have significant experience in the field of Irish competition legislation including:

• Advising clients on all aspects of Irish competition legislation;
  
  
• Submitting notifications to the Competition Authority;
  
  
• Introducing compliance programmes for clients;
  
  
• Defending clients in the context of Competition Authority investigations into alleged anti-competitive activities;
  
  
• Advising clients on dealing with "dawn raid" investigations undertaken by the Competition Authority in connection with alleged cartel-related activities;
  
  
• Lodging complaints alleging anti-competitive behaviour with the Competition Authority on behalf of clients;
  
  
• Liaising with the Competition Authority; and
  
  
• Obtaining relief from the Courts for breach of the Competition Acts, including abuse of a dominant position.

The EU and Irish competition rules should not only be seen as compliance issues for businesses. Competition law has also been successfully invoked to further the commercial objectives of some of our clients. For example, in the context of commercial negotiations, members of the EU, Competition and Regulated Markets Unit have on many occasions successfully used competition law arguments to resist the inclusion in commercial agreements of restrictive clauses suggested by other parties, which, if included, would have been prejudicial to our clients' interests.

A further example of the application of competition law to further our clients' interests is use of the facility of lodging a complaint with the Competition Authority or the European Commission, or initiating proceedings before the Courts, in order to prevent entities which occupy a dominant position in a relevant market from abusing that position in a manner injurious to a client's business. Indeed, on behalf of one client, LK Shields Solicitors were successful in obtaining the first injunction granted by the Irish Courts restraining a breach of EU competition law.