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Legal Updates & Insights

  • article

    AIFMD consultation

    The 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 Funds
  • Article

    What are the most notable Irish competition law highlights so far in 2020?

    As we head towards the end of the year, what have been the most notable Irish competition law highlights so far?

    EU, Competition & Procurement
  • Article

    Supreme Court Clarifies Statutory Presumption in Favour of Disclosing Confidential and Commercially Sensitive Documents Under the Freedom of Information Act 2014

    On 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.

    Disputes
  • Article

    Financial Services Regulation and Compliance - Insurance Oct 2020

    Domestically, 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 Regulation
  • Article

    Financial Services Regulation and Compliance - Funds Oct 2020

    Domestically, 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 Regulation
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral Oct 2020

    Domestically, 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 Regulation
  • Article

    Financial Services Regulation and Compliance - Investment Firms Oct 2020

    Domestically, 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
  • Article

    Financial Services Regulation and Compliance - Banking Oct 2020

    Domestically, the Governor of the CBI, Gabriel Makhlouf, addressed the Oireachtas Joint Committee on Finance, Public Expenditure and Reform, commenting on issues such as payment breaks and the tracker mortgage examination; At European level, members of the ECB's supervisory board have commented on its heightened expectations on bank governance.

    Financial Regulation
  • Article

    The New Competition Tool – implications for the application of Irish Competition Law

    The New Competition Tool initiative (if ultimately adopted) is one of a number of measures aimed at making competition policy and competition rules in the EU fit for the modern economy.

    EU, Competition & Procurement
  • JRS extension
    article

    JRS extension

    In yet another major policy development, the Chancellor, Rishi Sunak, has announced today that the Coronavirus Job Retention Scheme ("CJRS") will now be extended for all parts of the UK until the end of March 2021 in an effort to give businesses and employees certainty over the winter months.

    COVID-19 Belfast
  • audio

    What does State aid mean?

    The phrase "State aid" is used regularly in business. However, the phrase has a technical meaning in European Union law.

    EU, Competition & Procurement
  • Article

    EU competition rules and the Green Deal – The Commission’s Consultation

    Climate change is rapidly degrading habitats and shrinking wildlife. In addition, it has the potential to create very significant economic harm. The European Commission (Commission) has recognised this and the "Green Deal" aims to make Europe the first climate-neutral continent by 2050.

    EU, Competition & Procurement