Ireland updates

Competition & Antitrust

Contributed by Matheson
Competition law update: what's new?
  • Ireland
  • 10 September 2020

This article highlights recent developments in Irish competition law, including with regard to merger notifications before the Competition and Consumer Protection Commission (CCPC), the CCPC's final decision in Berendsen/King's Laundry and the CCPC's Annual Report 2019, which covers merger control, competition enforcement and competition law policy.

CCPC consults on proposed guidelines for simplified merger notification procedure
  • Ireland
  • 12 March 2020

On 14 June 2019 the Irish Competition and Consumer Protection Commission (CCPC) confirmed its plan to introduce in 2020 a simplified procedure for the notification of mergers which satisfy the relevant financial thresholds and do not raise competition concerns. The CCPC has now consulted on draft guidance on the simplified procedure, although the outcome of the consultation and a decision on from what date the new procedure will be available is still unknown.

CCPC continues trend of imposing behavioural remedies
  • Ireland
  • 27 February 2020

In its recent decision on CVC's acquisition of Celtic Rugby DAC (the rights holder in respect of the PRO14 rugby union competition), the Competition and Consumer Protection Commission continued its trend of imposing behavioural remedies which are unusual in an international context. It is difficult to see how this could be right and something in respect of which a commitment could reasonably be given by someone in CVC's position.

Higher financial thresholds for merger notifications
  • Ireland
  • 01 November 2018

Minister for Business, Enterprise and Innovation Heather Humphries recently laid the Competition Act 2002 (Section 27) Order 2018 before the Houses of the Oireachtais. This will have the effect of increasing the financial thresholds for M&A requiring a notification to the Competition and Consumer Protection Commission. This is the first time that a minister has used their powers under Section 27 of the Competition Acts from 2002 to 2017.

Higher merger control thresholds: welcome news for private equity
  • Ireland
  • 25 October 2018

The Department of Business, Enterprise and Innovation recently published legislation that substantially increases the financial thresholds at and above which notification of a transaction is required to the Competition and Consumer Protection Commission. From 1 January 2019, only mergers where the acquirer and target each generate €10 million or more and together generate €60 million or more turnover in Ireland will trigger mandatory notification.


Corporate & Commercial

Brexit and contracts – a practical guide for Irish businesses
  • Ireland
  • 18 March 2019

Irish businesses trying to navigate the current Brexit landscape should consider the impact of events on their contractual relationships. As Brexit will directly or indirectly affect most, if not all, transactions between Irish and UK businesses or Irish businesses doing business in the United Kingdom (including Northern Ireland), Irish suppliers must consider not only events which may directly affect them, but also their supply chain.


Employment & Immigration

Contributed by Lewis Silkin
Increase in parental leave entitlements
  • Ireland
  • 09 September 2020

On 1 September 2020 unpaid parental leave entitlement in Ireland was increased from 22 weeks to 26 weeks. This means that eligible parents will be able to take 26 weeks' parental leave for each child who falls within the prescribed thresholds. Employers should check their policies and procedures to take into account the increase from 1 September 2020 onwards.

Impact of July Stimulus Plan and Programme for Government on employers
  • Ireland
  • 12 August 2020

This article discusses the key measures under the new government's July Stimulus Plan of which employers should be aware, plus various commitments under its Programme for Government which could have a significant impact in workplaces. The proposals – which cover wage subsidies, job creation and recovery and work-life balance and equality, among other things – clearly reflect the new economic reality in the wake of COVID-19.

COVID-19: health and safety considerations when establishing return-to-work plans
  • Ireland
  • 13 May 2020

As the COVID-19 crisis begins to ease, employers must think carefully about how to safely manage the process of returning employees to the workplace. Companies must ensure the health and safety of their employees and visitors to their premises and comply with any continuing government guidelines, including in relation to physical distancing. This article summarises the legal landscape and various considerations that employers will need to take into account in Ireland.

Temporary COVID-19 Wage Subsidy Scheme introduced
  • Ireland
  • 01 April 2020

The government has introduced the Temporary COVID-19 Wage Subsidy Scheme to incentivise employers to retain employees on the payroll where possible (replacing the emergency COVID-19 Employer Refund Scheme). This article outlines the implications for employers.

Coronavirus: what employers need to know
  • Ireland
  • 18 March 2020

Numerous employment law concerns have arisen due to the current coronavirus outbreak. From staff who are advised to self-isolate to those who are concerned about the risk of coronavirus and reluctant to come into work, employers have a lot to consider. This article sets out guidance for employers on the implications that coronavirus could have for their business.


Insurance

Are GDPR fines insurable in Ireland?
  • Ireland
  • 23 July 2019

The EU General Data Protection Regulation (GDPR) recently introduced a new regime of administrative fines for data protection infringements and provided for a tiered penalty structure based on the nature of the infringement. However, the insurability of GDPR fines remains a grey area and there is a large question mark over whether such fines will be insurable in Ireland where there is an element of moral turpitude in the infringement.

EU (Insurance Distribution) Regulations 2018: key changes for Ireland
  • Ireland
  • 30 April 2019

Minister for Finance and Public Expenditure and Reform Paschal Donohoe signed the EU (Insurance Distribution) Regulations 2018 (the IDD Regulations) into national law in June 2018. However, the implementation of the IDD Regulations was postponed until 1 October 2018 to provide the insurance industry with additional time to put in place the necessary organisational and technical changes required to ensure compliance. This article reviews the key changes resulting from the IDD Regulations.

Periodic payment orders in catastrophic injury cases
  • Ireland
  • 23 April 2019

A recently signed ministerial order marks the formal introduction of long-awaited periodic payment orders (PPOs) in Ireland. This should be a welcome development for insurers as it will avoid upfront compensation payments in catastrophic injury cases. It will also align the Irish regime of awards in case of catastrophic injury with the UK system, under which PPOs are already available.

Clarity for insurers seeking to join proceedings
  • Ireland
  • 16 April 2019

The April 2018 decision of Bin Sun v Jason Price provides a useful summary of the circumstances in which a party can be joined as a co-defendant against the wishes of a plaintiff. It also provides clarity for insurers as to the circumstances in which they can seek to be joined to proceedings at first instance, which could prevent or substantially reduce their exposure in a subsequent application by a claimant to enforce against them.

Impact of Brexit for Irish policyholders
  • Ireland
  • 26 March 2019

Large corporates based in Ireland typically have a suite of non-life insurance policies to cover a variety of risks. Given the fact that the UK insurance market is the biggest in the European Union, it is likely that at least some of the policies held by corporates based in Ireland will have been written by UK or Gibraltar-licensed insurers. As such, whatever form Brexit ultimately takes, Irish policyholders with policies written by UK insurers must assess any risk to (among other things) their ability to renew.


Litigation

Recent rulings on state aid
Matheson
  • Ireland
  • 08 October 2019

Two recent Irish court rulings have helped to shed light on the role of the national courts in state aid cases. These cases are particularly relevant as the role of the courts is likely to continue to grow in importance for Irish clients in the coming years. In the first, the Supreme Court strongly affirmed the Circuit Court's jurisdiction to hear state aid allegations. In the second, the High Court determined that examinership does not trump a state aid decision from the European Commission ordering recovery.

Defender v HSBC: impact of settling with one concurrent wrongdoer
  • Ireland
  • 23 April 2019

Defender v HSBC highlights the need for plaintiffs to understand the blameworthiness of all wrongdoers before settling a claim against any of them. This case concerned Defender, a fund which invested with Bernard Madoff and subsequently suffered a loss when Madoff was revealed to be operating the world's largest Ponzi scheme.

Delay in professional negligence claims
  • Ireland
  • 16 April 2019

The High Court recently dealt with a professional negligence claim following a retainer by a couple of a chartered engineering firm regarding the construction of their home in 2005. The defendants had brought a strike-out claim for a significant delay in the construction proceedings. On the facts of the case and owing to the fact that the defendant had been a professional person, the case was allowed to proceed on a limited basis.

Discovery process reaches crisis point: Supreme Court to consider reform
  • Ireland
  • 26 March 2019

Businesses with experience litigating in Ireland will be familiar with the discovery process and the onerous obligation to disclose all relevant documents which are in their power, possession or procurement. In an age when the volume of electronically stored information continues to increase exponentially, the costs and time involved in complying with discovery orders can often be disproportionate; however, change may be on the horizon.