While Brexit makes the UK a third country for the purposes of EU law, Ireland's proximity (geographically and econonomically) to the UK makes the application of competition law to cross-border trade that more relevant and complex.
BrexitThe Central Bank of Ireland (CBI)'s Fund Management Companies guidance sets out minimum expectations for UCITS management companies, AIFMs, self-managed UCITS and internally managed AIFs minimum expectations with respect to the retrievability of records
Asset Management & Investment FundsOn 24 September 2020, as part of its new Digital Finance Package, the European Commission published a renewed strategy for modern and safe retail payments.
EU, Competition & ProcurementThe Oireachtas Committee on Housing has been told, by representatives from the Department of Housing, that it is drafting a "use it or lose it" law relative to planning permissions granted for housing development.
Environmental & PlanningStablecoins are cryptocurrency that are pegged to a traditional asset, such as a fiat currency or gold. Other stablecoins are linked to an asset pool. By pegging the reference value to a stable asset, stablecoins aim to avoid or minimise price volatility.
Financial RegulationThe European Commission (EC) launched a consultation relating to its review of the AIFMD, the Alternative Investment Fund Managers Directive, in October 2020. This followed an earlier EC report on AIFMD. In August, ESMA wrote a letter to the EC suggesting areas to consider during the ongoing review of the AIFMD. We look at this in detail.
Asset Management & Investment FundsAs we head towards the end of the year, what have been the most notable Irish competition law highlights so far?
EU, Competition & ProcurementOn Friday, 25 September 2020, the Supreme Court delivered judgment in two appeals (the Appeals) which considered the statutory presumption in favour of disclosure in the context of a request made pursuant to the Freedom of Information Act 2014 (the Act) vis-a-vis confidential or commercially sensitive documents.
DisputesDomestically, the CBI has published consumer FAQs on differential pricing in insurance; At European level, EIOPA has issued its key priorities in light of the COVID-19 pandemic; published its approach to the supervision of product oversight and governance; and finalised Guidelines on information and communication technology security and governance.
Financial RegulationDomestically, the CBI has published the outcome of a thematic review of the implementation of its framework for governance, management and oversight in fund management companies, and has issued new editions of its AIFMD Q&A and UCITS Q&A; At European level, the European Commission has launched a consultation on its review of the AIFMD.
Financial RegulationDomestically, the CBI announced its intention to introduce three new pre-approval controlled functions (PCFs); At European level, the ECB published a report on the possible issuance of a digital euro, while the Joint Committee of European Supervisory Authorities published its work programme for 2021.
Financial RegulationDomestically, ESMA chair Steven Maijoor delivered an address to the Irish Funds Global Online Conference, while the CBI published issues 10 and 11 of its Markets Updates for 2020; At European level, ESMA published its work programme for 2021 and its annual statement on European common enforcement priorities.
Financial Regulation