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Legal Updates & Insights

  • Article

    Fair procedures in redundancy cases

    A recent determination from the Employment Appeals Tribunal (the EAT) reiterates the key elements of fairness necessary when effecting a redundancy dismissal (Desmond McGuire v Sleedagh Farms Limited UD1320/2012).

    Pensions & Incentives
  • Article

    European Court considers safety of Safe Harbour

    The Court of Justice of the European Union (CJEU) is due to hear questions concerning the validity of the Safe Harbour regime today, Tuesday 24 March 2015, in Maximillian Schrems v Data Protection Commissioner (Case C-362/14).

    Disputes
  • Article

    High Court rules Code of Conduct on Mortgage Arrears does not require a Lender to participate in Mortgage to Rent Scheme

    In Stepstone Mortgage Funding Ltd -v- Clarke & anor [2015] IEHC 105, High Court, White Michael J, 15 January 2015 the High Court held, in an application for possession of a property, that while the Code of Conduct on Mortgage Arrears (the Code) required a lender to explore all options for alternative repayment, the lender is not obliged to explore the option of a voluntary scheme of which it is no

    Disputes
  • Article

    OCS v DAA Appeal: Supreme Court Judgment on Automatic Suspension - 30 January 2015

    On 30 January 2015, Mr Justice Frank Clarke issued a detailed judgment outlining the reasons for the Supreme Court's dismissal of an appeal by Dublin Airport Authority ("DAA") against the High Court judgment of 30 May 2014 on a refusal to lift an automatic suspension.

    EU, Competition & Procurement
  • Article

    Changes to Irish Media Merger Control

    The Competition and Consumer Protection Act 2014 (the "2014 Act") has introduced significant changes to Irish media mergers effective from the 31 October 2014. The 2014 Act now mandates dual notification of media mergers to the Competition and Consumer Protection Commission (CCPC) (or the European Commission) and the Minister for Communications, Energy and Natural Resources (Minister).

    EU, Competition & Procurement
  • Article

    Irish Merger Control in the Context of Property Transactions

    This article addresses Irish merger control under the Competition Act 2002 (as amended) (Act) and its possible application in the context of property transactions.

    EU, Competition & Procurement
  • Article

    If you can’t beat them, join them lawfully - Competition and Consumer Protection Commission Guide for SMEs on Consortium Bidding

    The Competition and Consumer Protection Commission (CCPC) has published a guidance document for SMEs on consortium bidding for public contracts. The guide outlines how SMEs can comply with competition law when tendering on a joint basis.

    EU, Competition & Procurement
  • Article

    Draft Grocery Goods Regulations published

    The Minister for Jobs, Enterprise and Innovation has published draft Regulations which, if adopted in their current form, will regulate commercial dealings between suppliers and certain operators in the grocery sector.

    EU, Competition & Procurement
  • Article

    European Court ruling extends liability of manufacturers for defective medical devices

    In Boston Scientific Medizintechnik GmbH v AOK Sachsen-Anhalt - Die Gesundheitskasse and Others (Joined Cased C-503/13 and C-504/13 (5 March 2015), the Court of Justice of the European Union (CJEU) held that where a medical device has a potential defect, all products of the same model may be classified as defective, without there being any need to show that the product is defective in each individ

    Technology
  • Article

    Irish Whiskey - refusal to supply complaint not a priority for European Commission investigation

    The European Commission has rejected a complaint from Protégé International Ltd alleging that three Irish whiskey producers had agreed not to supply it with whiskey in breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU) (Article 101 prohibits anti-competitive agreements between businesses). Protégé alleged that the refusal would lead to its exclusion from the market

    EU, Competition & Procurement
  • Article

    The Damages Directive comes closer: Businesses and consumers to be helped bring claims for losses due to anti-competitive behaviour

    Businesses and consumers who suffer loss because of the anti-competitive behaviour of others may sue for damages. Some businesses have mounted major actions to claim damages in various courts to recover losses due to cartels, abuses of dominance and other breaches of competition law.

    EU, Competition & Procurement
  • Article

    Data Privacy and Cyber Risk in M&As: Are you prepared?

    This article examines the data protection compliance issues that arise in mergers and acquisitions.

    GDPR