Competition Disputes EXPECT EXCELLENCE. arthurcox.com DUBLIN BELFAST LONDON NEW YORK SILICON VALLEY

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1 Competition Disputes EXPECT EXCELLENCE DUBLIN BELFAST LONDON NEW YORK SILICON VALLEY arthurcox.com

2 2 ARTHUR COX COMPETITION DISPUTES OUR FIRM Arthur Cox is one of Ireland s largest law firms and has a leading multidisciplinary Competition Disputes practice. We are an all-island law firm, with full service offices in Dublin and Belfast. The firm also has offices in London, New York and Silicon Valley. Our reputation is founded on proven professional skills and a thorough understanding of our clients requirements with an emphasis on sound judgment and a practical approach to solving complex legal and commercial issues. Our commitment to our clients goes further than simply responding to today s issues. We take a pro-active approach in helping our clients prepare to meet what lies ahead - both the challenges and the opportunities. Ireland Law Firm of the Year 2017 Chambers Europe Awards Best Firm in Ireland 2017 & 2016 Europe Women in Business Law Awards Best National Firm for Women in Business Law 2017 & 2016 Europe Women in Business Law Awards Best National Firm Mentoring Programme 2017 & 2016 Europe Women in Business Law Awards Ireland Law Firm of the Year 2016 International Financial Law Review (IFLR) Europe Awards Ireland Law Firm of the Year 2016 Who s Who Legal Americas International Tax Firm of the Year 2016 International Tax Review Advised on the Deal of the Decade Merger of Lafarge and Holcim Mergermarket European M&A Awards Competition Disputes THE PRACTICE Our Competition Disputes team is regarded as a leading competition and antitrust practice and has a strong track record of successfully dealing with complex and high-profile competition and antitrust disputes. Our team includes partners, Andy Lenny, Conor McDonnell, Isabel Foley, Richard Ryan, Florence Loric and Patrick Horan, and associates Elizabeth Upton, Peter Woods and Kevin Regan. Our Competition Disputes team is a multi-disciplinary team, combining litigation, advisory and regulatory expertise. Our highly skilled lawyers bring extensive experience to all matters. We work with our clients to vigorously protect their rights and defend their interests. We frequently advise on bringing and defending competition and antitrust claims, responding to dawn raids, dealing with cartel investigations, obtaining interim relief and resolving issues through alternative dispute resolution mechanisms. Our reputation is built on understanding the issues that our clients face and providing the best solutions and achieving the best possible outcomes for our clients. CARTEL INVESTIGATIONS We have unrivalled experience in assisting with cartel investigations in a large number of sectors, including attending dawn raids by national and European competition authorities, challenging investigation procedures before national and European courts, conducting large-scale document reviews and advising on leniency and settlement programmes. We work with clients to devise tailored cartel investigation protocols, setting out specific guidance for the personnel who will usually be the first to encounter the authorities, the personnel who are responsible for the running of the organisation, and the personnel who will deal with the lead investigator. We have established a Dawn Raid Response Unit and are ready with our dedicated team to assist in the event of a dawn raid or investigation. We give tailored advice on how to provide information without losing privilege or compromising confidentiality. We also assist with developing post-dawn raid defence strategies and preparing for possible further inspections.

3 3 ARTHUR COX COMPETITION DISPUTES PRIVATE DAMAGES ACTIONS Our expert team regularly assists clients with bringing and defending high-value commercial claims, involving both injunctive relief and damages before national and European courts and is ideally placed to devise top-class litigation strategies to navigate through all legal challenges. We consider all aspects of a client s position, the options available to the client to achieve the optimum outcome and how to manage costs efficiently. We are currently assisting a client with defending a multitude of High Court challenges on foot of the largest ever fine imposed by the European Commission for cartel activity in the truck sector. STATE AID We have a depth of experience in advising clients in state aid disputes, regularly handling matters that are close to the European Commission, as well as national and European courts. EXPERIENCE Our experience and expertise puts us in the best position to deal with all matters in the rapidly evolving field of competition and antitrust law. Our experience includes the following:» Acting for Volvo and Renault Trucks in over 50 sets of High Court proceedings which have been instituted on foot of a finding by the European Commission that several truck manufacturers engaged in unlawful conduct between 1997 and 2011 in relation to truck pricing and the timing and passing on of the costs for the introduction of emission technologies. Volvo and Renault Trucks together with other truck manufacturers were subsequently fined a record 2.93 billion.» Advising a party involved in the Competition and Consumer Protection Commission investigation into ticketing at concerts/events in Ireland.» Acting for CRH plc in defending High Court proceedings brought by Framus Limited (and related companies in liquidation) and Goode Concrete concerning alleged anti-competitive practices in the concrete and cement industries in Ireland.» Acting for CRH plc in a successful challenge before the High Court and the Supreme Court, to the scope of documentation seized by the Competition and Consumer Protection Commission (CCPC) during a dawn raid at a wholly owned subsidiary, Irish Cement Limited. This case resulted in a landmark Supreme Court decision on the scope of dawn raid powers and the right to privacy.» Advising the Minister for Finance of Ireland in relation to a High Court challenge of a 2.7 billion State recapitalisation of Irish Life & Permanent Group Holdings plc in July 2011 for financial stability purposes, including advising on State aid aspects of the case.» Acting for ABB Limited in respect of a follow-on action for damages brought by ESB Limited arising out of a decision of the European Commission concerning unlawful activity in the Gas Insulation Switch Gear sector.» Acting for the Minister for Finance and the National Treasury Management Agency in obtaining a series of Court Orders pursuant to the Credit Institutions (Stabilisation) Act 2010 in relation to the restructuring of the banking sector and dealing with associated Court challenges, including the recapitalisation of Allied Irish Banks (AIB), the transfer of certain assets of Anglo Irish Bank Limited and Irish Nationwide Building Society and burden sharing through a Subordinated Liabilities Order in relation to AIB which included advising on State aid issues arising in the context of these measures.» Advising retail group Heatons Ltd in relation to a claim for damages against ASICS Ltd for breaches of competition law relating to the sale of ASICs Footwear in Heatons stores.» Advising retail group Heatons Ltd in relation to a claim for damages against O Neills Sports for breaches of competition law relating to the sale of GAA jerseys.» Advising the Central Bank of Ireland on State aid and competition law issues arising in relation to measures to reorganise the credit union sector in Ireland for financial stability purposes, including advising on High Court applications to merge certain credit unions for financial stability purposes.» Representing eir, the Irish telecoms incumbent, before the High Court in several statutory appeals of decisions by the Commission for Communications Regulation (ComReg) designating eir as operator with significant market power (based on the competition law concept of dominance), and in the defence of enforcement actions by ComReg, including as regards the allegedly anti-competitive effects of certain bundling practices.» Acting for Mars in High Court proceedings against HB Ice Cream Limited (owned by Unilever) for breaches of competition law in the ice cream market in Ireland.» Acting for daa plc, the national airport operator, in a number of disputes, including litigation with Ryanair and in disputes and appeals involving Ryanair and the Commission for Aviation Regulation in relation to various determinations by the Commission fixing the level of airport charges in relation to access to essential airport facilities.» Acting for Aer Lingus Limited in the defence of State aid recovery actions by the Irish State following a decision of the Commission that the lower rate of the Air Travel Tax as had applied between 2009 and 2011 constituted an unlawful State aid and in proceedings brought by Aer Lingus Limited for the restitution by the State of the differential between the lower and higher taxes.» Acting for Greencore Group plc in successfully defending the first follow-on actions brought in

4 4 ARTHUR COX COMPETITION DISPUTES the Irish courts by Irish market participants consequent on a finding of the European Commission (IP/97/405) (subsequently upheld by the European Court of Justice on appeal) that a subsidiary of the Greencore Group, Irish Sugar plc, abused its dominant position on the Irish sugar market.» Acting for Greencore Group plc in its challenge to the decision of the Irish State in July 2006 in relation to the allocation of 145 million of restructuring aid on the EU wide restructuring of the EU sugar industry, culminating in a High Court judgment quashing that decision in June 2007.» Acting for the Beef Industry Development Society Limited in proceedings before the High Court, the Supreme Court, and the Court of Justice of the European Union in a legal challenge taken by the Irish Competition Authority in respect of a proposed rationalisation scheme for the beef processing sector in Ireland.» Acting for eircell (now Vodafone) in the successful defence of proceedings for alleged abuse of a dominant position and a subsequent investigation by the European Commission.» Advising Protégé Limited in relation to a competition law claim for damages against Irish Distillers Limited in relation to supply of mature and new fill Irish whiskey.

5 5 ARTHUR COX COMPETITION DISPUTES OUR TEAM ANDY LENNY, PARTNER HEAD OF LITIGATION AND DISPUTE RESOLUTION t: +353 (0) e: Andy is a partner and Head of the Litigation and Dispute Resolution Group. He advises on a wide range of commercial disputes, including through conciliation/mediation as well as through traditional litigation. His practice areas include disputes relating to breaches of competition/anti-trust matters including private damages actions and investigations by competition authorities and follow on actions. Prior to joining Arthur Cox in 1997, Andy practised as a solicitor in the UK. CONOR MCDONNELL, PARTNER t: +353 (0) e: conor.mcdonnell@arthurcox.com Conor is a partner in the Litigation and Dispute Resolution Group. Conor has practised in the area of commercial disputes for over 25 years and has specialised in large scale litigation across a range of areas including both competition law and regulatory intervention and inquiries, appeals, statutory appeals and judicial review. He has handled regulatory cases across the telecoms, aviation, energy and banking/financial sectors. ISABEL FOLEY, PARTNER t: +353 (0) e: isabel.foley@arthurcox.com Isabel is a partner in the Litigation and Dispute Resolution Group, heads up the Product Liability and Product Safety Group and co-heads the Food and Agribusiness Group. Her principal areas of practice are commercial disputes and product liability. On the commercial side, she advises government entities, companies and financial institutions on competition disputes, general corporate disputes, financial services sector disputes, regulatory compliance and investigations, disputes concerning financial products and services, contentious intellectual property matters, property disputes, resolving such disputes through mediation, Commercial Court proceedings and judicial review. On the product side, she advises clients in a wide range of sectors on product liability/ safety issues, including risk management, product recall and crisis management. Isabel is listed as a Thought Leader in Life Sciences in Who s Who Legal 2017 and 2018, was a Client Choice Award winner in 2018 for Product Regulation and Liability and has received awards for Best in Product Liability and Best in Litigation at the Euromoney Women in Business Law Awards.

6 6 ARTHUR COX COMPETITION DISPUTES RICHARD RYAN, PARTNER HEAD OF COMPETITION AND REGULATED MARKETS t: +353 (0) e: Richard is Head of the Competition and Regulated Markets Group. He advises on all aspects of EU and Irish competition/antitrust law including: investigations and dawn raids by the European Commission and the Competition and Consumer Protection Commission of Ireland (CCPC), leniency applications, complaints to the European Commission and the CCPC, competition litigation, approvals for mergers and acquisitions, competition aspects of commercial agreements, EU State aid law, compliance programmes, internal audits, training and dawn raid preparedness, regulated markets and sectoral studies by regulators. He has been involved a large proportion of the leading competition, merger control and State aid cases in Ireland in recent years. FLORENCE LORIC, PARTNER COMPETITION AND REGULATED MARKETS t: +353 (0) e: florence.loric@arthurcox.com Florence is a partner in the firm s Competition and Regulated Markets Group. Florence has extensive experience of commercial litigation in regulated markets involving European law and public and administrative law. Florence regularly acts for regulators and regulated entities in the energy, telecoms, broadcasting and aviation sectors in judicial review and statutory appeals. Florence also regularly advises on the application of competition law, including State aid, merger control and issues surrounding dominance and abusive practices. PATRICK HORAN, PARTNER COMPETITION AND REGULATED MARKETS t: +353 (0) e: patrick.horan@arthurcox.com Patrick is a partner in the Competition and Regulated Markets Group. His practice covers the full range of EU and Irish competition law, including merger control, investigations, State aid, competition law aspects of agreements, implementation of compliance programmes, and competition litigation. Prior to joining Arthur Cox in 2016, Patrick worked in the London and Brussels offices of Slaughter and May. Patrick is co-author of the Ireland chapters of the International Comparative Legal Guide to Competition Litigation and Merger Control 2018, and in 2017 was named as one of the future leaders in competition law by Who s Who Legal.

7 7 ARTHUR COX COMPETITION DISPUTES ELIZABETH UPTON, ASSOCIATE t: +353 (0) e: Elizabeth is an associate in the Litigation and Dispute Resolution Group. Elizabeth has a particular focus on complex commercial and competition court proceedings and contentious regulatory work. She also has extensive experience representing clients in mediations and both international and domestic commercial arbitrations. PETER WOODS, ASSOCIATE t: +353 (0) e: peter.woods@arthurcox.com Peter is an associate in the Litigation and Dispute Resolution Group. Peter advises on various disputes, with a particular focus on competition disputes and public procurement challenges, and he is frequently involved in matters listed before the Competition Court and Commercial Court. He also has experience in resolving disputes through ADR. He is a contributor to the Dispute Resolution Review and the European, Middle Eastern and African Arbitration Review. KEVIN REGAN, ASSOCIATE t: +353 (0) e: Kevin.Regan@arthurcox.com Kevin is an associate in the Litigation and Dispute Resolution Group. Kevin specialises in commercial litigation and dispute resolution and advises clients in High Court and Commercial Court proceedings.

8 Contact Us Dublin dublin@arthurcox.com Belfast reception@arthurcoxni.com London london@arthurcox.com New York newyork@arthurcox.com Silicon Valley siliconvalley@arthurcox.com arthurcox.com

Merger control in Ireland: overview

GLOBAL GUIDE 2015/16 COMPETITION AND CARTEL LENIENCY Country Q&A Merger control in Ireland: overview Pat O'Brien and Richard Ryan Arthur Cox global.practicallaw.com/7-617-2652 REGULATORY FRAMEWORK 1. What