Ireland updates

Competition & Antitrust

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 The CCPC has now consulted on draft guidance on the simplified procedure, although the outcome of the consultation and a decision on from what date the new procedure will be available is still unknown.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.


Employment & Immigration

Contributed by Lewis Silkin
Changes to family leave entitlements introduced
  • Ireland
  • 21 April 2021

The changes to parent's and adoptive leave announced in the Budget 2021 recently entered into force. The Family Leave and Miscellaneous Provisions Act provides for an additional three weeks' paid parent's leave and benefit for each parent, to be taken in the first two years after the birth or adoptive placement of a child. Moreover, all adopting couples will be able to choose which parent takes adoption leave, including male same-sex couples who were previously unentitled.

New code of practice on right to disconnect
  • Ireland
  • 14 April 2021

The government has published its promised code of practice on the right to disconnect from work outside normal working hours. Implementing a right-to-disconnect policy will set a good grounding for an organisational culture in which the line between work and leisure is both visibly respected and taken seriously. This article explains what is in the new code and what it means for employers in Ireland.

Ireland's Immigrant Investor Programme – the allure of inward investment in return for residency
  • Ireland
  • 17 February 2021

The Immigrant Investor Programme offers non-EEA nationals a route to residency in Ireland by offering four investment options to investors who satisfy certain criteria – namely, that they are of good character and have a minimum net worth of €2 million. This article discusses how the programme works, its benefits and how high-net-worth individuals can use it as a means of obtaining residency rights in Ireland.

New code of practice on preventing workplace bullying
  • Ireland
  • 10 February 2021

The new Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work recently entered into force. The code provides an updated definition of what bullying is and, importantly, what does not constitute bullying. The code sets out the steps that employers should take to prevent bullying and the measures that they should take to investigate any complaint. This article reviews the main points that employers should consider.

Employee unfairly dismissed for being refused remote working during COVID-19 pandemic
  • Ireland
  • 03 February 2021

The Workplace Relations Commission recently found that an employee had been unfairly dismissed when her employer rejected her request for remote working in response to the COVID-19 pandemic. The outcome may encourage more employees to bring constructive dismissal claims where they feel that their employer has not adequately addressed their health and safety concerns, especially as workplaces are now seen as high-risk environments for COVID-19 transmission.


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.


Litigation

Recent rulings on state aid
  • 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.


Tech, Data, Telecoms & Media

DPC annual report: review of 2019 and focus for future
  • Ireland
  • 27 March 2020

The Data Protection Commission (DPC) recently published its annual report for 2019, the first full calendar year since the EU General Data Protection Regulation came into force. The report includes several case studies and contains detailed information on the outcome of a statutory investigation carried out by the DPC. These provide useful guidance for organisations and practical insights into how the DPC is interpreting and applying data protection principles in real-life scenarios.