News Archive 2025

Dublin 6^th February – CCPC Clears Phoenix Acquisition of Cellnex Subject to Binding Commitments.

The Competition and Consumer Protection Commission (CCPC) has cleared, subject to legally binding commitments, the proposed acquisition of Cellnex Ireland Limited and Cignal Infrastructure Limited (together, Cellnex) by Phoenix Tower International Holdco, LLC (Phoenix) (M/24/018).

The CCPC claimed that it had identified potential competition concerns relating to the supply of hosting services on macro passive network infrastructure sites in the State. Passive infrastructure, which includes towers or masts, is crucial for mobile network operators and other electronic communications service providers. Mobile operators fix active network equipment to it, including antennae and dishes. The CCPC’s stated that it had potential concerns due inter alia to an increase in market concentration through the loss of close competition between Phoenix and Cellnex which it claimed would result in higher prices and/or lower service quality for customers and, ultimately, end users of mobile networks. To address these potential concerns, Phoenix made a number of binding commitments to the CCPC.

These commitments include the divestment of sites in areas where the effect of the transaction would be to reduce the number of competitors offering hosting services on macro passive infrastructure from 3 to 2 or from 2 to 1. The commitments also include a provision to divest new sites to be developed within the same areas, where the new sites are part of an existing agreement between the merging parties and a mobile network operator. According to the CCPC, the commitments will allow a competitor to enter or expand in the market, and replace competition lost due to the merger.

Journal of Sports Science – 11^th February 2025 – Study Stresses Importance of Neutral TMOs in Rugby.

A paper co-authored by Compecon’s Patrick Massey and Professor Paul Downward of Loughborough University, Dr Peter Dawson of the University of East Anglia and Dr Vincent Hogan of UCD which explores the factors associated with official bias and its association with match outcomes has been published in the Journal of Sports Science. The paper analysed data from 2,032 matches in the United Rugby Championship (URC) spanning the 2003–2004 to 2020–2021 seasons. The analysis which includes and excludes games whose attendance was affected by the COVID-19 pandemic reveals no evidence that disciplinary sanction is associated with match outcomes. Estimates also show that there is no association between the nationality of the on-field official being shared by any of the teams and sanction or match outcome. However, it found that having a home nationality Television Match Official (TMO) is associated with an increase in the incidence of away team sanction. When TMOs were originally introduced in the league, it was common to have a TMO from the same country as the home team. The results support the case for neutral TMOs.

The paper can be accessed here.

Brussels 10^th March – EU Commission Conducts Searches of Non-Alcoholic drinks firms.

The EU Commission announced that it was conducting searches at the premises of companies active in the non-alcoholic drinks sector in several EU Member States. The Commission stated that it had concerns that the companies concerned may have violated EU antitrust rules that prohibit cartels and restrictive practices, and abuses of a dominant position (Articles 101 and 102 of the Treaty on the Functioning of the European Union). In particular, the Commission is investigating possible restrictions on the trade of goods in the Single Market and market segmentation. The investigations concern conducts that may potentially still be ongoing and involve several Member States.

London 21^st March – Sports Broadcast and Production Companies Fined £4 Million for sharing sensitive information relating to freelancers’ pay.

An investigation by the UK Competition and Markets Authority (CMA) found some of the largest sports broadcast and production companies in the UK shared sensitive information about fees for freelance workers such as camera operators and sound technicians. Four companies – BT, IMG, ITV and BBC – have agreed to pay fines totalling £4,240,356.  All four received discounts on the level of fines because they admitted breaking the law. Sky avoided a financial penalty as it alerted the CMA to its involvement, before the investigation had been launched. The five companies frequently engage freelancers to assist with the production and broadcasting of sports content such as major football games and rugby tournaments. The CMA identified 15 instances where a pair of companies unlawfully shared sensitive information about pay with each other, including on day rates and pay rises. 

In most cases, the explicit aim was to coordinate how much to pay freelancers. For example, on one occasion a business told another they have “no intention of getting into a bidding war” but “want to be aligned and benchmark the rates”. In a separate instance, a company said they wanted to “present a united front” with its competitor. 

Brussels 8^th May – EU Commission Consults on Merger Guidelines.

The European Commission announced a public consultation seeking feedback on its ongoing review of the EU merger guidelines. The merger guidelines outline the framework that the Commission applies when assessing the competitive impact of mergers on markets. The review process will focus on how the Commission’s assessment should give adequate weight to innovation, efficiency, resilience, the time horizons and investment intensity of competition in certain strategic sectors, sustainability, the changed defence and security environment and other acute transformational needs of our times.

The deadline for submissions is 3^rd September 2025.

Gijon 8^th May – Compecon’s Patrick Massey Addresses Annual Sports Economics Conference on Rugby’s Red Card Rule Changes.

Compecon Director Patrick Massey questioned proposed rule changes in Rugby Union enabling teams to replace red carded players after twenty minutes. The evidence did not support claims that red cards ruin matches. They affect a limited number of matches and are not decisive although they reduce a team’s chances of winning. Economists view sports governing bodies and match officials as an example of a principal agent relationship and if the principal describes red cards as ruining matches, this provides a strong signal to the agent. The law of unintended consequences suggests that the rule change provides a strong incentive for referees to pass the buck to the off-field review official. 20 minute red cards are likely to become the de facto norm, with referees unlikely to issue straight red cards, which would not permit replacements to be introduced. By reducing the probability of losing, the rule change could lessen deterrence for serious foul play, increasing the risk of serious injury. If there is a concern about referee errors in the issuing of red cards this could be addressed by allowing the off-field official to reverse a referee’s decision in such cases and downgrade a red card to a yellow.The presentation was based on research carried out with Prof Paul Downward of Loughborough Univeristy, Dr Peter Dawson of University of East Anglia and Dr Vincent Hogan of UCD.

Dublin 15^th May – CCPC Announces Searches of Betting Businesses.

The Competition and Consumer Protection Commission (CCPC) announced that it has carried out a number of searches of businesses active in the betting industry. The searches were described as part of an on-going criminal investigation into potential breaches of competition law. CCPC Authorised Officers were supported by Gardai from An Garda Síochána’s National Economic Crime Bureau and District Detective Units.

Criminal sanctions apply to serious breaches of competition law, primarily price-fixing or other forms of cartel behaviour.

Dublin 16^th May – CCPC Launches Phase 2 Investigation Into Equinix/BT Data Centre Acquisition.

The Competition and Consumer Protection Commission (CCPC) announced that it has launched a full Phase 2 investigation into the proposed purchase of BT Datacentres Ireland by Equinix (Ireland).

Equinix operates six data centres in Dublin which provide digital infrastructure for cloud, IT, finance, content and media service providers. BT Datacentres Ireland also operates data centres, including two in CityWest and Ballycoolin, in Dublin.

The proposed transaction was notified to the CCPC on January 10^th. Following a preliminary examination, the CCPC has concluded that a full investigation is required to establish whether the proposed transaction will result in a substantial lessening of competition within the State.

Journal of Sports Economics

A paper co-authored by Compecon Director Patrick Massey and Dr Vincent Hogan (UCD) analysing perceptions that women’s cricket is less exciting than men’s has been published in the Journal of Sports Economics.
Sports economists have observed that women earn less than men in many sports and attribute this to customer discrimination. Women’s professional sport has generally been underrated due to stereotypical perceptions that women are less skilled than men. Some experimental studies suggest that women may perform less well under pressure than men, which could result in women adopting more cautious or defensive styles of play which fans find less attractive. We test this hypothesis by analysing winning strategies in the Australian Men’s and Women’s Big Bash Cricket Leagues (MBBL and WBBL). The two leagues are (almost) identical in all aspects other than gender and thus provide an ideal environment to test for differences in playing strategies.
Our results do not suggest that teams’ playing strategies are more defensive in the WBBL than the MBBL. If anything, they indicate that attacking play is more likely to win in the WBBL. These results indicate that perceptions that women’s cricket is less entertaining and exciting would appear to reflect customer prejudices rather than objective evidence. The results suggest that WBBL players do similar work to their male MBBL colleagues and provide support for pay equality which Cricket Australia has committed to. The paper is available here.

Dublin 20^th June – Hotel Merger Cleared Subject to Conditions.

The Competition and Consumer Protection Commission (CCPC) announced that it had cleared the proposed acquisition of CG Hotels Limited (CG Hotels) by Dalata Hotel Group plc (Dalata), subject to legally binding conditions. Dalata operates 32 hotels throughout the State, the majority of them under Dalata’s Clayton and Maldron brands. Dalata’s portfolio includes both the Maldron Hotel Dublin Airport and the Clayton Hotel Dublin Airport. CG Hotels operated the Radisson Blu Hotel Dublin Airport.

In a press release, the CCPC stated that it had had potential competition concerns relating to the provision of hotel accommodation located at, or close to, Dublin Airport. It expressed concern that (i) the proposed acquisition could lead to Dalata having a high market share of hotel rooms at, or close to, Dublin Airport, and (ii) the Maldron and Radisson Blu Hotels at Dublin Airport completed closely with each other.

The CCPC press release stated that binding commitments proposed by Dalata in relation to the future management and operation of the Maldron Hotel Dublin Airport would ensure continued competition between operators of hotels at, or close to, Dublin Airport, following implementation of the proposed acquisition. According to the statement these commitments related to the future management and operation of the Maldron Hotel Dublin Airport. According to newspaper reports, they include a commitment by Dalata to surrender its lease on the Maldron Hotel Dublin Airport, although this was not stated in the press release.

Patrick Massey speaking at the launch.

Royal Irish Academy Dublin 24^th November – Mr Justice Gerard Hogan launches New book on Merger control in Ireland by Compecon director Patrick Massey.

Mr Justice Gerard Hogan launched Merger Control in Ireland An Economic Appraisal. The book was written by Compecon Director, Patrick Massey and is the first comprehensive economic assessment of merger control in Ireland under the Competition Act, 2002. The book provides a detailed economic assessment of merger control in Ireland post 2002 based on an analysis of several hundred CCPC merger decisions as well as EU, UK and US cases.

Click here to purchase.

Discussing the book with Mr Justice Hogan & Alexandre Neefs of Oak Tree Press.

Dublin November 25^th – CCPC Publishes Phoenix/Cellnex Determination.

The Competition and Consumer Protection Commission published its Determination on the Pheonix/Cellnex merger. The CCPC indicated that it had concerns that the acquisition by Phoenix of Cellnex’s portfolio of towers and masts, which constitute critical infrastructure for mobile network operators—would lead to a substantial lessening of competition, at both national and local levels. Phoenix gave commitments to divest sites in all areas where the merger would reduce competitors from 3 to 2 or 2 to 1, as well as certain new sites under development or which were identified for development in the coming years. In October 2025, Ancala, a London-based infrastructure manager, acquired the divestment package of 300 sites having been approved as a suitable purchaser by the CCPC.

The CCPC decision in this case was adopted on 5^th February and the legislation requires the CCPC to publish Determinations within sixty working days. The CCPC’s failure to publish Determinations within the statutory timeline is becoming an increasing problem. Speaking at the launch of his book on Irish merger control at the Royal Irish Academy the previous evening, Compecon’s Director Patrick Massey noted that there were 11 Determinations relating to cases between 2021 and 2024 whose publication was overdue. One of these was Phoenix/Cellnex. The CCPC needs to address the issue of delays in publishing Determinations. As a starting point the CCPC might consider two simple steps. First in its press releases announcing merger decisions it regularly states that its reasoned Determination in the case will be published within 60 working days. It should also include the publication deadline in such releases. Second Determinations should include both the date of the CCPC decision and the date of publication of the Determination. It might help focus minds.

Dublin November 26^th – CCPC Secures Removal of Restrictions on Trainee Accountants.

The Competition and Consumer Protection Commission (CCPC) announced that Chartered Accountants Ireland (CAI) had agreed to change its policy on transferring active training contracts between accounting firms in Ireland. Previously trainee accountants required written permission from their current employer before interviewing with another firm. Prospective employers were also required to verify this permission. Following a complaint in June 2025, the CCPC raised concerns with CAI that this policy could restrict competition for accounting trainees and risked breaching competition law. Under the revised rules, employer approval is now only required after a trainee accepts a new role and is ready to transfer, not before interviewing or exploring opportunities.  According to the CCPC, this change removes a significant barrier to competition while maintaining proportionate requirements such as ensuring trainees complete any outstanding training requirements before transferring and resolving obligations like repayment of fees covered by their original firm. The CCPC warned warned professional bodies and trade associations to review their policies to ensure they do not restrict competition. Any rules or agreements requiring advance permission to interview or discouraging hiring among members will attract scrutiny and may lead to enforcement action.

Dublin December 18th – Jury Returns Guilty Verdicts in School Bus Bid-Rigging Case.

A jury in the Central Criminal Court returned guilty verdicts against all five defendants accused of bid-rigging in respect of a tender for the provision of school transport services in the South West of Ireland. The trial which commenced on 3^rd November concluded yesterday with the guilty verdicts against all five accused. The prosecution had alleged that that the five defendants people involved would only bid on tenders in a certain way, rather than doing so independently, with a “degree of co-ordination” between the parties. The State argued that this concerted practice was not a formal agreement but constituted collusion between the accused that involved an exchange of information and a form of co-ordination that led to “the disappearance of competition”.

Compecon Director Patrick Massey was called as an expert witness by the prosecution.

Dublin 18th December – High Court Dismisses Challenge to new tobacco licensing regime.

The High Court has rejected a challenge brought by the Convenience Stores & Newsagents Association (CSNA) against a new licensing regime for the sale of tobacco products. The CSNA brought Judicial Review proceedings challenging the validity of the Public Health (Tobacco Products and
Nicotine Inhaling Products) Act 2023 (Fees) Regulations 2024 (“the 2024 Regulations”) introduced by the Minister for Health. Retailers will be required to hold a a licence in respect of any outlet selling tobacco products. The 2024 Regulations set the following licence fees:

– A fee of €1,000 for an application for a licence to sell tobacco products;
– A fee of €800 for an application for a licence to sell nicotine inhaling products;
– A fee of €1,800 for an application for a licence to sell both.
Licences must be renewed annually and the Regulations set the same fees for licence renewals. Until now retailers were only required to pay a once off registration fee of €50 irrespective of the number of outlets involved.

In his judgment, Mr Justice Rory Mulcahy, held (a) that the CSNA did not have standing to challenge a regulation which did not directly affect it and (b) that the statutory instrument was made in the exercise of the Minister’s discretion for a purpose not inconsistent with the Act conferring on him a power to do so. Compecon Director Patrick Massey was an expert witness for the Minister for Health in this case. The new regulations are due to come into effect on 2^nd February 2026.