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 The CCPC has now consulted on draft guidance on the simplified procedure, although the outcome of the consultation and a decision on from what date the new procedure will be available is still unknown.
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.
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.
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.
The Competition and Consumer Protection Commission's (CCPC's) current scrutiny of the Restaurants Association of Ireland serves as a reminder that trade associations must be careful to stay within the lines and avoid encouraging or inadvertently facilitating anti-competitive agreements between their members. Compliance training is an essential tool to prevent unwanted scrutiny from the CCPC and other authorities.
The Supreme Court recently found the well-established regime of registered employment agreements to be unconstitutional. Uncertainty regarding the level of protection for wages and benefits of workers in the construction sector followed this decision, but has now been addressed by the Sectoral Employment Order (Construction Sector) 2017 and the Sectoral Employment Order (Mechanical Engineering Building Services Contracting Sector) 2018.
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.
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.
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.
The government recently published the General Scheme for the Parental Leave and Benefit Bill. The bill provides for a paid parental leave benefit, which must be used within the first 12 months of a child's life or 12 months from the date of adoption. In light of these changes, employers should not only consider whether they should top up the parental leave benefit, but also review their family leave policies more generally to ensure that their business is in line with the latest developments.
A recent Supreme Court decision clarifies the legal principles to be applied to the question of which measures of reasonable accommodation an employer should consider to enable disabled employees to participate in the workforce. While the decision provides welcome guidance on the applicable principles, employers must consider that what constitutes 'reasonable accommodation' will depend on the facts, guided by the reasonableness and proportionality of any appropriate measures proposed.
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.
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.
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.
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.
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.