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Legal Updates & Insights

  • 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
  • Article

    Regulation of Lobbying Act 2015 Signed by the President

    The long anticipated Regulation of Lobbying Act was signed into law by the President on 11 March 2015.

    Disputes
  • Article

    Compromise/waiver agreements in the spotlight

    The issue of compromise agreements in the employment context has been in the spotlight recently with 2 cases with differing outcomes. It is well established that a well drafted and properly executed compromise agreement can prevent or limit the possibility of proceedings against an employer.

    Employment
  • Article

    Ireland updates its Betting Laws

    The Irish President has signed into law the Betting (Amendment) Act, 2015 (the "Act"). This new legislation will update and extend the regulatory regime in Ireland in relation to bookmakers licences, as provided for in the Betting Act 1931, to include all remote betting operators who are accepting (or in the case of betting exchanges, facilitating), bets from Irish customers.

    Betting, Gaming & Licensing
  • Article

    No absolute duty on the employer in relation to the safety of work equipment

    In Thompson v Dublin Bus and Another [2015] IESC 22, Dublin Bus appealed from the decision of the High Court (de Valera J., 4 June 2010) that there was a statutory duty on their part in respect of the safety of equipment provided for the use of its employees which had not been discharged.

    Employment
  • Article

    A reminder of the rule against penalty clauses

    In the recent English case of Edgeworth Capital (Luxembourg) S.A.R.L. and another v Ramblas Investments B.V.[2015] EWHC 150, the UK High Court held that the rule against penalties did not apply to a fee payable for the provision of financing, because the fee was payable in various circumstances, not just in the event of a breach.

    Disputes