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Matheson’s primary focus is on serving the Irish legal needs of internationally focused companies and financial institutions doing business in and…
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Matheson | Ireland | 10 Sep 2020

Competition law update: what's new?

This article highlights recent developments in Irish competition law, including with regard to merger notifications before the Competition and Consumer Protection Commission (CCPC), the CCPC's final decision in Berendsen/King's Laundry and the CCPC's Annual Report 2019, which covers merger control, competition enforcement and competition law policy.
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Matheson | Ireland | 12 Mar 2020

CCPC consults on proposed guidelines for simplified merger notification procedure

On 14 June 2019 the Irish Competition and Consumer Protection Commission (CCPC) confirmed its plan to introduce in 2020 a simplified procedure for the notification of mergers which satisfy the relevant financial thresholds and do not raise competition concerns. The CCPC has now consulted on draft guidance on the simplified procedure, although the outcome of the consultation and a decision on......
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Matheson | Ireland | 27 Feb 2020

CCPC continues trend of imposing behavioural remedies

In its recent decision on CVC's acquisition of Celtic Rugby DAC (the rights holder in respect of the PRO14 rugby union competition), the Competition and Consumer Protection Commission continued its trend of imposing behavioural remedies which are unusual in an international context. It is difficult to see how this could be right and something in respect of which a commitment could reasonably......
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Matheson | European Union, Ireland | 8 Oct 2019

Recent rulings on state aid

Two recent Irish court rulings have helped to shed light on the role of the national courts in state aid cases. These cases are particularly relevant as the role of the courts is likely to continue to grow in importance for Irish clients in the coming years. In the first, the Supreme Court strongly affirmed the Circuit Court's jurisdiction to hear state aid allegations. In the second, the......
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Matheson | European Union | 8 Oct 2019

European Commission issues study on enforcement of state aid rules and decisions by national courts

The European Commission recently published a study which identifies the emerging trends and best practices with regard to the national courts' enforcement of state aid law across the European Union. In terms of trends, the study highlights that national courts rarely conclude that unlawful state aid has been granted (by their national authorities) and hence have rarely awarded remedies in......
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Matheson | European Union | 4 Oct 2019

European Commission issues notice on recovery of unlawful and incompatible state aid

The European Commission recently published a new notice on the implementation of its decisions ordering the recovery of state aid. The recovery notice is far more detailed than the 2007 notice which it replaces and reflects recent developments in European Commission practice, including by providing more detail on tax state aid cases. For example, the notice provides new detailed guidance on......
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Matheson | Ireland | 23 Jul 2019

Are GDPR fines insurable in Ireland?

The EU General Data Protection Regulation (GDPR) recently introduced a new regime of administrative fines for data protection infringements and provided for a tiered penalty structure based on the nature of the infringement. However, the insurability of GDPR fines remains a grey area and there is a large question mark over whether such fines will be insurable in Ireland where there is an......
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Matheson | European Union, Ireland | 30 Apr 2019

EU (Insurance Distribution) Regulations 2018: key changes for Ireland

Minister for Finance and Public Expenditure and Reform Paschal Donohoe signed the EU (Insurance Distribution) Regulations 2018 (the IDD Regulations) into national law in June 2018. However, the implementation of the IDD Regulations was postponed until 1 October 2018 to provide the insurance industry with additional time to put in place the necessary organisational and technical changes......
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Matheson | Ireland, United Kingdom | 23 Apr 2019

Defender v HSBC: impact of settling with one concurrent wrongdoer

Defender v HSBC highlights the need for plaintiffs to understand the blameworthiness of all wrongdoers before settling a claim against any of them. This case concerned Defender, a fund which invested with Bernard Madoff and subsequently suffered a loss when Madoff was revealed to be operating the world's largest Ponzi scheme.
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Matheson | Ireland | 23 Apr 2019

Periodic payment orders in catastrophic injury cases

A recently signed ministerial order marks the formal introduction of long-awaited periodic payment orders (PPOs) in Ireland. This should be a welcome development for insurers as it will avoid upfront compensation payments in catastrophic injury cases. It will also align the Irish regime of awards in case of catastrophic injury with the UK system, under which PPOs are already available.
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