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Legal Updates & Insights

  • article

    European Union: Competition—Abuse of dominant position

    On 13 May 2019, the European Commission fined Anheuser-Busch InBev NV/SA (AB InBev) €200,409,000 for abusing the company’s dominance in the Belgian beer sector because the company relabelled one of its beer brands and also restricted supply of that brand so as to deter the cross-border sales of the brand within the EU

    EU, Competition & Procurement
  • article

    Is a No-Deal Brexit Inevitable?

    There is a great deal of commentary that a No-Deal Brexit (NDB) on 31 October 2019 is inevitable. While one cannot rule out the possibility, it is far from inevitable and definitely not a racing certainty.

    Brexit
  • article

    Claims in tort that financial investments were mis-sold to investors statute barred

    In Cantrell v. Allied Irish Banks Plc [2019] IECA 217 the Court of Appeal allowed an appeal of a finding of the High Court that plaintiffs who allege they had been mis-sold an investment product were inside the limitation period to bring their claims.

    Disputes
  • article

    “New” considerations introduced by legislation for Circuit Court Judges to assess in respect of borrowers’ private principal residences

    The Land and Conveyancing Law Reform (Amendment) Act 2019 has been signed into law and is due to commence before the start of the next Circuit Court term.

    Disputes
  • article

    DPC Publishes Statement on the Public Services Card

    On Friday 16 August, the Data Protection Commission (DPC) published its findings on certain aspects of the Public Services Card (PSC). The DPC found that seven out of eight of its findings were adverse to the positions advanced by the Department of Employment and Social Protection (DEASP) and that there is and has been non-compliance with the applicable provisions of data protection law.

    Commercial & Technology
  • article

    Government seeks submissions on online harassment

    The Oireachtas Committee on Justice and Equality is seeking written submissions from stakeholders on the issues of online harassment, harmful communications and related offences.

    Commercial & Technology
  • article

    Ireland’s Competition Agency to Study Public Liability Insurance

    Ireland's Minister for Business, Enterprise and Innovation, Heather Humphreys, TD, has requested the Competition and Consumer Protection Commission (CCPC) to study the public liability insurance sector in Ireland.

    EU, Competition & Procurement
  • article

    Brexit and Ireland – Impact on UK service providers of leaving without a deal

    If the UK leaves the EU on 31 October 2019 without a deal, the UK will become a ‘third country’ to the EU. Trade with the EU would be based on the rules of WTO and in particular under the GATS.

    Brexit
  • article

    IR35 – Employment in disguise will be taxing…

    The UK Government's commitment to cracking down on concealed employment relationships is now beginning to take effect. The Government has recently published draft legislation outlining the new rules for off-payroll workers, confirming that from 6 April 2020 the rules for engaging individuals through personal service companies (PSCs) are changing.

    Belfast
  • article

    Financial Services Regulation and Compliance - Funds July 2019

    Domestic News – There have been many developments at domestic level, including the extension of the deadline of the UCITS exemption to produce and provide a PRIIPs KID to 31 December 2021. The Investment Limited Partnerships (Amendment) Bill 2019 was published and will overhaul the Investment Limited Partnership Act 1994...

    Asset Management & Investment Funds
  • article

    Financial Services Regulation and Compliance - Investment Firms July 2019

    Domestic News – This month, the Central Bank (Investment Market Conduct) Rules entered into force. European News – There have been many developments at European level, including a report on the cross-border supervision of retail financial services by the Joint Committee of the European Supervisory Authorities (ESAs)...

    Finance
  • article

    Financial Services Regulation and Compliance - Insurance July 2019

    There have been many developments at domestic level, including the entering into force of the Judicial Council Act 2019 which provides for the establishment of a Personal Injuries Guidelines Committee...– There were also developments at European level, including the publication of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services.

    Financial Regulation