Matheson (Dublin)

Kate McKenna

Matheson (Dublin)
Partner

Kate is a partner in the EU, Competition and Regulatory Law Group. Prior to joining Matheson, Kate worked at a Magic Circle law firm in London. Kate’s EU competition practice spans the areas of merger control, behavioural competition issues (including abuse of dominance, cartels and other restrictive arrangements), State aid, sectoral regulation and public procurement. As part of Kate’s regulatory practice, she advises clients on compliance with telecommunications, broadcasting and postal regulation as well as representing life sciences companies on regulatory and pricing matters arising during the life cycle of medicinal products. Kate’s clients are leaders across a broad range of industries and Kate has particular expertise in the communications, Life Sciences and financial services sectors. Kate has advised on numerous notable regulatory processes and court cases. With her extensive experience of regulators and courts at Irish and EU level, 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 EU law issues including as a lecturer on Law Society courses.

Linked authors

Matheson (Dublin)
Matheson (Dublin)
Matheson (Dublin)
Matheson (Dublin)
Matheson (Dublin)

Articles

1278 Bulletin

Kate McKenna, Mollie Barlow The EU Court of Justice AG Pitruzzella issues the opinion that a national court may attribute liability to a subsidiary for the harm resulting from its parent company’s anticompetitive conduct by applying economic unit theory (Sumal / Mercedes Benz Trucks España)

189

Irish subsidiary companies should be aware that they may be ordered to pay fines or compensation as a result of a parent company breaching competition law, and corporate groups should take this risk into account in the design of intra-group operations and competition law compliance programmes. (...)

Simon Shinkwin, Kate McKenna, Conor Doyle The EU Court of Justice delivers two judgments providing an important message to Irish telecoms on the interaction between competition and regulatory law (Slovak Telekom) (Deutsche Telekom)

270

The European Court of Justice (“ECJ”) has recently delivered two judgements which provide an important message for telecoms businesses operating in Ireland. The first of these rulings confirms that the risk of non-compliance with competition rules is particularly high for telcos in that they may (...)

Kate McKenna, Simon Shinkwin The Irish Government proposes extending the scope of national broadcasting laws and a new media commission that will take over responsibility for examining media mergers

155

Newly Formed Responsible Government Department We have recently seen completion of the transfer of responsibility for broadcasting regulation from the former Department of Communications, Climate Action and Environment to the newly formed Department of Media, Tourism, Arts, Culture, Sports and (...)

Kate McKenna, Calum Warren The EU Court of Justice confirms that private equity sponsors can be held financially liable for competition law infringements committed by indirectly managed portfolio companies (Goldman Sachs)

184

Key takeaways On 27 January 2021, the Court of Justice of the European Union (CJEU) issued its judgment in Goldman Sachs Group Inc. v European Commission (GS judgment) which confirms that PE sponsors can be held financially liable for competition law infringements committed by indirectly (...)

Helen Kelly, Kate McKenna, Calum Warren The Irish Competition Authority confirms that it will follow the European Competition Network’s joint statement on the application of competition law during the COVID-19 crisis

21

On 25 March 2020, in light of the ongoing Covid-19 pandemic, the Irish Competition and Consumer Protection Commission (“CCPC”) published the Joint statement by the European Competition Network (“ECN”) on the application of competition law during the Corona crisis (ECN Joint Statement) on its (...)

Kate McKenna The UK Competition Authority concludes that a comparison price website breaches competition as a result of its use of most-favoured nation clauses (ComparetheMarket)

22

On 2 November 2018, the Competition and Markets Authority (CMA) provisionally concluded that ComparetheMarket (a UK comparison website offering price comparisons of insurance products and utilities) had breached competition law as a result of its use of ‘most-favoured nation’ clauses (MFNs). (...)

Kate McKenna, Helen Kelly The Irish Competition Authority clears a merger in the media sector, subject to a behavioural remedy of ring-fencing (Trinity Mirror / Northern & ShellOpens)

31

The Irish competition regulator has this week cleared a media merger, subject to a behavioural remedy of ‘ring-fencing’. However, the parties cannot complete the deal for some time yet, as a separate Irish media plurality process may only commence now such that the total length of the Irish (...)

Kate McKenna The EU Court of Justice AG Sañchez-Bordona issues opinion on the Member States’ ability to exclude from government tenders companies with a record of past illegality (Vossloh Laeis / Stadtwerke München)

20

On 16 May 2018, Advocate General Sañchez-Bordona of the Court of Justice of the European Union opined on the ability of Member States to take a harsh stance on the exclusion from Government tenders of companies with a record of past illegality, such as cartel behaviour or bid-rigging. While (...)

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