Expertise
Elaine is a Managing Associate in the Corporate Department and works within the firm’s EU, Competition & Procurement Group.
Elaine advises on aspects of public procurement law (Nursing and Midwifery Board) and on all aspects of competition law (PM Group), including Irish and EU merger control (LDC (Managers) Limited, Sale of Domino's Pizza, Chirisa Group, Britvic), consumer protection and product safety law (Zara). Elaine also practises corporate and commercial law and has advised Colas and Radius on miscellaneous corporate issues.
Elaine has extensive experience of working in public sector bodies having spent over 12 years in the Competition and Consumer Protection Commission working as a solicitor in its Competition Enforcement and Division. While at the CCPC Elaine advised on matters as diverse as Freedom of Information legislation in Ireland (including determining the scope of an FOI request and considering whether certain categories of information were exempt from an access request), Data Protection (including retention and access requirements), Document Retention and Archiving Practices (in respect of obligations the National Archives Act 1986), responding to Parliamentary Questions, obtaining search warrants, search procedures, conducting summons hearings, challenges to the CCPC's investigative powers, preparing investigative files for the Director of Public Prosecution in respect of criminal breaches of competition law, conducting and managing investigations into alleged breaches of competition law including: the legality of agreements, potential abusive conduct, assessing potential competitive harm and analysing legal issues.
Elaine also authored the CCPC's Enforcement Guidelines Manual and trained staff on all aspects of investigation procedure and practice. The Enforcement Manuel sets out how the CCPC uses its investigative powers to conduct investigations as well as advising on the strength of investigative evidence and legal assessment of investigations. Elaine has extensive experience in assessing legislative provisions having been involved in the legislative processes including for the Competition and Consumer Protection Act 2014 and the Competition Act 2022.
- Experience
- Successfully managed a cross-divisional project to enable to CCPC to implement the ECN+ Directive implemented by the Competition (Amendment) Act 2022. Involving the liaising with the Department of Enterprise Trade and Employment on draft legislation, implementing new policy initiatives and internal procedures to facilitate CCPC readiness.
- Advised in respect of a complaint made to the Office of the Information Commissioner in case number: OIC-117242-M9S1X8 and OIC-117244-Y5R9D9.
- Providing advice on multiple areas relating to public bodies including CCPC internal and policies, Legal Professional Privilege, Data Protection, Freedom of Information issues, Governance and Statutory functions.
- 2012 - 2023 CCPC Providing advice on interpretation of EU Directives and Regulations in areas including Competition, State Aid and Telecommunications, Insurance Law and
- 2012 Central Bank of Ireland – Enforcement Division Prepared training materials for the fitness to practice and probity teams. Organised and ran a seminar series for the Regulatory Team (which was newly formed at the time).