- The Front Page, Asset Management & Investment Funds: Irish Practice Developments (31 March 2015)
On the Domestic Front, we look at, the ICAV, FATCA, Central Bank Markets Update, a speech by the Central Bank Director of Markets Supervision, Central Bank Reporting Requirements and the Irish Government Strategy for Irish Financial Services, Client Asset Regulations, Investor Money Regulations and Companies Act 2014.
- Man sues DPC for failing to conduct an oral hearing (31 March 2015)
A Garda has alleged that his data protection rights were breached when a representative of his Credit Union, showed his father his confidential financial statements which indicated difficulties with his loans.
- Women on Boards: new figures from the UK show continued improvement (31 March 2015)
On 25 March, Lord Davies published his fourth Annual Report on Women on Boards in the UK.
- Supreme Court considers the transfer of registered charges in a cross-border merger (31 March 2015)
The Supreme Court recently unanimously dismissed an appeal by Patrick McLaughlin and Roseann McLaughlin (together the McLaughlins) against the appointment of receiver, Tom Kavanagh, and a declaration that Bank of Scotland plc (BOS) was entitled to recover debts of over €4million.
- The Front Page, Asset Management & Investment Funds: EU & International Developments (31 March 2015)
On the International Front, we look at the MMF Regulation, ESMA AIFMD Q&A, ESMA KIID Q&A, ESMA guidelines and technical standards, ELTIFs, Capital Markets Union, Anti- Money Laundering and Countering the Financing of Terrorism, Shadow Banking Consultation (all MMFs and AIFs in scope), Market Abuse and Inside Information, Conflicts of Interest, ESMA Risk Dashboard, ESMA Regulatory Work programme and Own Funds Requirements for firms based on fixed overheads.
- What next for renewable energy support schemes in Ireland? (27 March 2015)
Alan McCarthy a partner in A&L Goodbody's EU, Competition & Procurement group along with Kevin Feeney and Ross Moore, both Partners in A&L Goodbody's Energy & Natural Resources Group look at what the next round of renewable support for electricity generation from renewable energy beyond REFIT 2 and REFIT 3 will look like.
- Data Analytics in Ireland (25 March 2015)
A&L Goodbody's IP & Technology group provide an overview of 'Data Analytics in Ireland' and outline what your organisation needs to consider when engaged in data analytics.
- Irish Competition and Consumer Protection Commission: Price Transparency and Discriminatory Practices - the Glasnevin Case (25 March 2015)
The Irish Competition and Consumer Protection Commission ("CCPC") is the successor institution to the Irish Competition Authority ("ICA") and the National Consumer Agency. Unlike the European Commission, the CCPC may not impose penalties because the power to do so is reserved to courts by virtue of the Irish Constitution.
- High Court rules Code of Conduct on Mortgage Arrears does not require a Lender to participate in Mortgage to Rent Scheme (24 March 2015)
In Stepstone Mortgage Funding Ltd -v- Clarke & anor  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 not a participant.
- European Court considers safety of Safe Harbour (24 March 2015)
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).
- Fair procedures in redundancy cases (24 March 2015)
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).
- Draft Grocery Goods Regulations published (20 March 2015)
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.
- If you can't beat them, join them lawfully - Competition and Consumer Protection Commission Guide for SMEs on Consortium Bidding (20 March 2015)
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.
- Irish Merger Control in the Context of Property Transactions (20 March 2015)
This article addresses Irish merger control under the Competition Act 2002 (as amended) (Act) and its possible application in the context of property transactions.
- Changes to Irish Media Merger Control (20 March 2015)
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).
- OCS v DAA Appeal: Supreme Court Judgment on Automatic Suspension - 30 January 2015 (20 March 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.
- European Court ruling extends liability of manufacturers for defective medical devices (20 March 2015)
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 individual case
- Irish Whiskey - refusal to supply complaint not a priority for European Commission investigation (19 March 2015)
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.
- The Damages Directive comes closer: Businesses and consumers to be helped bring claims for losses due to anti-competitive behaviour (19 March 2015)
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.
- Compromise/waiver agreements in the spotlight (18 March 2015)
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.
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