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MICHAEL COLLINS SC

(SC) Ireland. M.A. (U.C.D., First Class), LL.M (U.C.D., First Class), LL.M. (U.Penn)
CALL DATE: 1978 SILK: 1994

SUMMARY

  • Call to Irish Bar (1978)
  • Call to New York Bar (1981)
  • Call to English Bar (1987)
  • Silk (Ireland) (1994)
  • Call to Bar of US Supreme Court (2003)
  • Call to Northern Ireland Bar (2011)

Michael is a leading silk in commercial, competition and EU law at the Irish Bar and practices from 4 Arran Square, Arran Quay, Dublin 7. Holding Masters degrees in  economics and law respectively from University College Dublin and an LL.M. from the University of Pennsylvania, Michael started his career as an associate with Shearman & Sterling in New York in the early 1980s before commencing practice at the Irish Bar. Michael appears regularly before the High Court and Supreme Court of Ireland and frequently appears before the European Court of Justice.  He also has an extensive practice in commercial arbitration (domestic and international) both as counsel and as arbitrator.  He has had appointments as arbitrator from the ICC Court of Arbitration and is one of Ireland's representatives on the ICC Commission on Arbitration.  He is also a member of the International Centre for Dispute Resolution (ICDR) Panel of Arbitrators and is President of Arbitration Ireland.  Michael is a CEDR accredited mediator and is Chairman of the Irish Anti-Doping Disciplinary Panel (Irish Sports Council).

In 1996 Michael was appointed by the Irish Government as Chairman of the Competition and Mergers Review Group the majority of whose recommendations were subsequently implemented into Irish law in the Competition Act 2002. He was elected a Bencher of the Honorable Society of King's Inn in 2007 and the following year was elected as a Fellow of the International Academy of Trial Lawyers in the United States. For two years from 2008 to 2010 Michael was Chairman of the Bar Council of Ireland.

He has been a tutor in economics in University College Dublin, a lecturer in contract law in King's Inns and a Visiting Lecturer in the Department of Economics at the National University of Ireland (Maynooth) on Legal Aspects of Competition and Regulation in the Master of Economic Science Programme.  He is currently Adjunct Professor of Law at University College Dublin Law School. 

 

SPECIALIST AREAS

  • Arbitration.
  • Competition law.
  • EU law.
  • Commercial law.
  • Insolvency.

 

CURRENT/MAJOR RECENT CASES

  • BUPA (Ireland) Limited & Anor. v Health Insurance Authority & Ors. High Court hearing listed November 2011. Counsel for BUPA in €300m damages claim against the State for breach by the State of EU competition and free movement of services obligations by the introduction of a risk equalisation scheme which at an earlier stage in the litigation was struck down by the Supreme Court as ultra vires the Minister's powers.
  • KBC Bank v Byrne Wallace. High Court hearing to be resumed December 2011. Counsel for KBC in professional negligence action arising from property-related lending where bank's security transpired to be defective.
  • Viridian v Commission for Electricity Regulation. Supreme Court appeal listed for 22nd November 2011. Counsel for Commission defending judicial review of Commission decision on ability of electricity generators to reflect in bid prices to electricity pool a State imposed carbon levy designed to claw back windfall profits arising from European Commission grant to generators of free carbon allowances.
  • Zappone v Revenue Commissioners. Supreme Court appeal pending. Counsel for Applicants challenging compatibility of ban on homosexual marriage with Irish Constitution and European Convention on Human Rights.
  • Goode v CRH & Ors. Pending High Court hearing. Counsel for one of defendants in alleged cement industry cartel.
  • Hogan & Ors. v Minister for Social and Family Affairs & Ors. Pending reference to European Court of Justice. Counsel for ex Waterford Glass employees alleging that State failure to compensate members of company pension scheme which is seriously in deficit is a breach of the State's obligations under the EU Insolvency Directive.
  • Director of Corporate Enforcement v Seymour, Supreme Court judgment awaited. Counsel for Executive Director National Irish Bank against whom disqualification order sought.
  • Vale Epitesi Ktg. Court of Justice 14th September 2011. Counsel for Ireland. Issue concerned entitlement of Hungarian company to register an Italian company as its predecessor having regard to the Treaty freedom of establishment rights in context of formation of a company.
  • Re McInerney Ltd. (In Examinership), Supreme Court, 22 July 2011. Counsel for bank syndicate opposing scheme of arrangement proposed by Examiner.
  • Jakubowska v Maneggia, Court of Justice, 2nd December 2010. Counsel for Ireland in dispute concerning Italian rules prohibiting the practice of the profession of lawyer concurrently with employment as a part-time public employee.
  • Evans v University College Cork, High Court, 1st December 2010. Counsel for UCC in judicial review of finding of sexual harassment against lecturer.
  • Akzo Nobel v European Commission, European Court of Justice, 14th September 2010. Counsel for Ireland in appeal from CFI decision refusing to extend legal professional privilege to communications between in-house lawyer and company.
  • Abbeydrive Developments v Kildare County Council, Supreme Court, 28th July 2010. Counsel for applicant seeking declaration for default planning permission.
  • Dunnes v Point Village, High Court, 6th July 2010. Counsel for Point Village in dispute over major retail development in docklands.
  • Sweetman v Galway County Council and Ireland, Supreme Court, 2nd June 2010. Counsel for Ireland in judicial review concerning Ireland's implementation of Habitats Directive (issue now referred by Supreme Court to Court of Justice).
  • Hemat v Medical Council, High Court 29th April 2010. Counsel for Medical Council in judicial review of unfitness finding.
  • Ajibola v Minister for Justice, High Court, 27th April 2010. Counsel for Minister in judicial review of decision to refuse asylum status to Nigerian national.
  • Dublin City Council v Westwood, High Court 26th April 2010. Counsel for Westwood concerning non-compliance with planning permission for sports club and night club.
  • Murphy v Mahon Tribunal, Supreme Court, 21st April 2010. Counsel for public Tribunal of Inquiry into planning corruption in judicial review of decision on costs based on substantive findings of dishonesty.
  • Ryanair v Commission for Aviation Regulation, High Court, 15th April 2010. Counsel for Commission in judicial review of Commission decision concerning airport charges.
  • Re Linen Supply (In Examinership), High Court, 19th January 2010. Counsel for Examiner in contested application for approval of examinership rescue scheme.
  • Tesco v Dunnes, High Court, 18th December 2010. Counsel for Tesco in injunction application concerning misleading advertising.
  • Mahon Tribunal v Keena, Supreme Court, 26th November 2009. Counsel for Tribunal seeking to compel Irish Times to disclose source of confidential leaked documents. Issue concerned journalistic privilege under Irish Constitution and European Convention on Human Rights.
  • Competition Authority v Licensed Vintners Association, High Court, 24th July 2009. Counsel for Licensed Vintners in dispute as to whether recommendation as to cap on prices infringed competition law.
  • Director of Corporate Enforcement v Byrne, Supreme Court, 23rd July 2009. Counsel for defendant successfully opposing Director's application to disqualify defendant from acting as officer or director of a company following investigation into fraud at National Irish Bank.
  • Rye Investments v Competition Authority, High Court, 19th March 2009. Counsel for Kerry Group plc. (parent of applicant) in successful appeal against merger prohibition by Competition Authority.
  • Moorview Developments v First Active plc and Jackson, High Court, 6th March 2009. Counsel for receiver (defendant) appointed by bank over construction company (plaintiff). Plaintiff alleging fraud and negligence, claim dismissed.
  • Irishenco Construction v Dublin City Council, High Court, 20th February 2009. Counsel for arbitrator resisting application to set aside award and remove arbitrator.
  • European Commission v Ireland, European Court of Justice, 27th November 2008. Counsel for Ireland. Commission alleging failure to properly implement Directives on the environment.
  • BUPA v Health Insurance Authority and Minister for Health. Supreme Court, 16th July 2008. Counsel for BUPA. Challenge to risk equalisation scheme in health insurance sector on grounds of breach of EC Treaty competition rules and Third Non-Life Directive.
  • Irish Distillers v. Cooley Distillery. High Court, 4th July 2008. Counsel for plaintiff. Injunction to restrain sale of whiskey to Russia under confusingly similar label.
  • Ryanair v. Commissioner of Aviation Regulation. High Court, 11th April 2008. Counsel for Commission in challenge to decision on Dublin Airport charges.
  • Goshawk v. Life Receivables (Ireland) Ltd. High Court, 27th February 2008. Counsel for plaintiffs. Case alleging fraud in connection with sale of insurance investment in US.
  • Re International Securities Trading Corporation. High Court, 17th December 2007. Appointment of examiner to insolvent company affected by sub-prime crisis.
  • DIAL v. Campus Ireland. Supreme Court, 25th October 2007. Counsel for defendant. Dispute over award of contract for National Aquatic Centre.
  • Fitzwilton Ltd. v Mahon. Supreme Court judgment 4th July 2007. Counsel for Tribunal of Inquiry under Tribunal of Inquiries Act 1921 investigating planning corruption.
  • Greencore plc v Government of Ireland. High Court judgment 14th June 2007. Counsel for Greencore. Challenge to Government allocation of €145m restructuring aid under EC Directive relating to sugar processing industry.
  • Competition Authority v O'Regan. Supreme Court judgment, 8th May 2007. Counsel for Defendants. Alleged anti-competitive concerted practices and abuse of dominant position. Claims dismissed.
  • Starr International v AIG. High Court, 2nd February 2007. Evidence pursuant to Letter of Request under Foreign Tribunals Evidence Act 1856 concerning beneficial ownership of AIG shares for purpose of proceedings in United States.
  • Director of Corporate Enforcement -v- Seymour, High Court, 20th January 2007. Counsel for bank director against whom disqualification order sought.
  • Dublin/Monaghan Bombing Commission. 2007. Counsel advising Commission investigating responsibility for terrorist bombings.
  • Irish Athletics Association v Turnbull, Irish Sport Anti-Doping Disciplinary Panel, 30th October 2006. Counsel for athlete in challenge to doping finding.
  • Zockoll Group v Controller of Patents. High Court, 17th October 2006. Counsel for plaintiff in appeal concerning registration of trademark "1800 FLOWERS".
  • Re Eurofoods IFSC Ltd. Supreme Court judgment, 3rd July 2006; ECJ judgment 2nd May 2006. Counsel for petitioner (Bank of America). Conflict between winding up jurisdiction claimed by Italian court and Irish Court under EU insolvency regulation.
  • Re Salthill Properties Limited (in receivership). Supreme Court, 29th May 2006. Counsel for bank. Priorities dispute and alleged contravention of negative pledge clause.
  • Caldwell v Mahon & Ors., High Court judgment, 15th February 2006. Counsel for Tribunal of Inquiry. Challenge to Tribunal under Constitution and European Convention on Human Rights.
  • Mulholland v An Bord Pleanála. High Court, 4th October 2005. Judicial Review concerning adequacy of Environmental Impact Statement and adequacy of reasons for decision given by Planning Board.
  • Kenny v Ireland Roc Ltd., High Court judgment 8th July 2005. Whether operators of service stations were commercial agents under relevant EU Directive.
  • Ranbaxy -v Pfizer. High Court, 8th June 2005. Counsel for Ranbaxy in infringement of pharmaceutical patent action.
  • Hutchison 3G Ireland Ltd. v Commission for Communication Regulation, Electronic Communications Appeal Panel, 26th September 2005. Counsel for Hutchison challenging ComReg decision that Hutchison had significant market power in wholesale voice call termination market.
  • O'Connor v. FEI. (April 2005). Counsel for Cian O'Connor (Olympic gold medal winner) in appeal hearing in Zurich over doping allegation in Olympic Games 2004.
  • Philip Morris v Ireland, 2004. Counsel for Philip Morris in tobacco related litigation in Ireland including proceedings against Irish Government on tobacco regulation.
  • Creaven v Minister for Justice, Supreme Court, 29th October 2004. Counsel for applicant. Judicial Review of search warrants issued pursuant to request from UK Customs & Excise for purpose of criminal prosecution of alleged VAT fraud.
  • Carrickdale Hotel v Controller of Patents, [2004] 2 ILRM 401. Challenge to determination of Controller of Patents with regard to equitable remuneration to be paid as royalties on music played in public.
  • Minister for the Environment v Irish Ispat Ltd. (in voluntary liquidation), High Court, 4th February 2004. Counsel for liquidator. Interaction between environmental law and insolvency law.
  • Masterfoods Ltd. v HB Ice Cream Ltd.: C-344/98 (2001), European Court of Justice. Counsel for HB. Competition law. Relationship between Commission decisions and national courts. Alleged abuse of dominant position.
  • In Re Illegal Immigrants(Trafficking) Bill 1999 [2000] 2 I.R. 360. Supreme Court. Counsel appointed by Supreme Court to argue for unconstitutionality of certain provisions on reference of Bill to Supreme Court by President of Ireland.

 

PUBLICATIONS

  • Beck and Skeffington (eds.), The Impact of European Law on the Corporate World (2010).
  • Dabbah and Hawk (eds.), Anti-Cartel Enforcement Worldwide (2009).
  • Van den Berg (ed.) 50 Years of the New York Convention: ICCA International Arbitration Conference (2009).
  • Bellamy & Child, European Community Law of Competition (2008) - Consultant Editor for Ireland;
  • Dabbah and Lasok (eds.), Merger Control Worldwide (2005);
  • The Burden and Standard of Proof in Competition Litigation, ERA-Forum 12/2004, (Academy of European Law Trier) page 66.
  • Competition, the Commission and a Firm Purpose of Amendment (2001) 8 Commercial Law Practitioner 3.
  • Report of the Irish Competition and Mergers Review Group (2000).

 

OTHER

Michael is a regular speaker at conferences.  Among his more recent papers are the following:

  • International Commercial Arbitration in Dublin, (ABA International Section Annual Conference 13th October 2011).
  • Competition Law on Two Sides of the Atlantic (Fordham Law School Summer Programme, 18th July 2011).
  • Bricks, Clicks and Vertical Restraints; New Guidance in Relation to E-Commerce and Online Sales (10th Conference of the Association of European Competition Law Judges, 17th June 2011).
  • West Tankers - Has Arbitration Already Forged a European Judicial Culture? (European Circuit of the UK Bar Annual Conference 19th November 2010).
  • Parallel Proceedings, Anti-Suit Injunctions and the Brussels Regulation: The Italian Torpedo Still Firing After All These Years (ICC Arbitration Conference, 12th November 2010 Vienna).
  • Dispute Resolution and Choice (International Arbitration Conference, Dublin 18th June 2010).
  • The Arbitration Act 2010 and Public Policy (Bar Council Conference, 12th June 2010).
  • Dublin as a Centre for International Commercial Arbitration (Arbitration Ireland Conference, New York, 11th May 2010.
  • Should Tesco Sell Justice? The Myths and Merits of Self-Regulation (International Council of Advocates and Barristers, Sydney, 3rd April 2010).
  • Barristers and Judges - A Question of Ethics (Australian Bar Annual Conference, 28th June 2009).
  • Economics in Competition Law: The Dismal Scientist in the Courtroom (Irish Centre for European Law, 17th November 2008).
  • Cross Border Issues: Differential Implementation Under a Devolved Constitution (Four Jurisdictions Conference, Middle Temple, London, 3rd May 2008).
  • Kill Bill: The War Between Intellectual Property and Competition (Bar Council CPD seminar 30th June 2007).
  • Legal Costs: A House Less Bleak (Bar Annual Conference, Madrid, 26th May 2007).
  • Parmalat, Eurofoods and the Insolvency Directive (UK Insolvency Conference, 5th February 2005).