Patrick O’Brien

Arthur Cox (Dublin)
Lawyer (Partner)

Pat has practices anti-trust and competition law for over 20 years. He has broad expertise of representing private and public clients form many sectors before the Irish Competition Authority and the European Commission in merger control and competition investigation cases. He has also conducted competition litigation in the Irish High Court, Supreme Court and European Courts. He is recognised as one of Ireland’s leading competition lawyers in legal directories including Chambers, Legal 500, PLC Which Lawyer? And Who’sWhoLegal. Pat was a partner with the Irish law firm Arthur Cox from 2000 to 2015 and is currently a Consultant with Arthur Cox since July 2015.

Articles

5407 Bulletin

Patrick O’Brien The Irish High Court finds that the State does not operate as an “Undertaking” in the use of its ambulance fleet for emergency services and for transport of public patients (Lifeline)

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This case concerned a private undertaking, Lifeline Ambulance Services Limited (“Lifeline”) that operates a fleet of ambulances and is engaged in the business of providing transport for hospital patients and others in need of such services brought against the State owned Health Service Executive (...)

Patrick O’Brien The High Court of Ireland holds that Dublin local authorities abused their dominant position in the household waste collection market in an attempt to remove rival private operators (Nurandale / Panda Waste services)

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Nurendale Limited t/a Panda Waste Services v Dublin City Council & Ors arises out of a change (“Variation”) to the Waste Management Plan for the Dublin Region 2005-2010 made collectively by the four Dublin local authorities on 3 March 2008. Panda Waste Services (“Panda”) challenged this (...)

Patrick O’Brien The Irish Supreme Court provides observations on the conditions contained in Art. 101(3) TFEU and remits the appeal to the High Court for fuller consideration (Beef Industry Development Society & Anor)

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Competition Authority v Beef Industry Developments Society Limited & Anor concerns a rationalisation agreement in the beef processing sector in Ireland. In 1998 a report (the McKinsey Report) found that there existed significant and substantial over-capacity in the beef industry and that (...)

Patrick O’Brien The Irish High Court overturns an NCA merger decision, finding the determination vitiated by material error in two respects, with particular focus on the significance of countervailing buyer power (Rye Investments)

1722

On 19th March, 2009, the Irish High Court annulled the decision of the Irish Competition Authority (“ICA”) to block Kerry Group’s proposed acquisition of one its major competitors, Breeo Foods. Kerry’s acquisition of Breeo was notified to the ICA in March 2008. The proposal affected a number of (...)

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