Fall Meeting 2022
This session scheduled for November 4th, 2022, focuses on the latest updates from the United Kingdom and Ireland. It provides a platform for discussions and collaborations among participants regarding key topics in the region. Join us for an insightful exchange of ideas and perspectives during this engaging roundtable session.
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Presentation Transcript
Fall Meeting 2022 COUNTRY UPDATE: United Kingdom and Ireland Roundtable session 4 November 2022
A. Changes in team members and important legislative developments July 2021 Paul joins Beale & Co International Law firm with offices in London, Dublin and Dubai 2 2
A. Changes in team members and important legislative developments Developments with regard to the UK National Security and Investment Act 2021 Entered into full force on 1 January 2022 CMA published first report on the functioning of the NSIA in June 2022 Mandatory notifications now where activities of target are in one of 17 sensitive sectors (e.g. defence, dual use goods, quantum computing) Criminal offence not to file report when required to do so 3
A. Changes in team members and important legislative developments 4
A. Changes in team members and important legislative developments Ireland The Competition (Amendment) Act 2022 The CCPC will be able to investigate suspected breaches of competition law and, following a referral to an adjudication officer, impose administrative fines where it finds an infringement without the need to obtain a criminal conviction in court The burden of proof on the CPCC has been changed from beyond reasonable doubt to on the balance of probabilities. However, fines can only be imposed if the business breached competition law intentionally, negligently or recklessly. The maximum civil fine that can be imposed will be 10 million or 10% of the relevant undertaking s global turnover, whichever is the greater Maximum criminal penalties for breaching Irish or EU competition law, upon conviction on indictment, will increase to 50m (up from 5m) or 20% (up from 10%) of the relevant undertaking s turnover, whichever is higher 5
Relevant case law with EU importance United Kingdom On-going CMA investigations: financial services construction services AppStore practices Dune Group v. Visa [2022] EWCA Civ 1278 Consumers Association v. Qualcomm Incorporated ([2022] CAT 20) Ireland National Truck Rental Company Limited v. MAN Importers Ireland Limited [2022] IEHC 404 Follow-on truck action in Ireland Judgment on 5 July requiring further disclosure 6
C. Cases handled by the team Claim against leading social media platform relating to refusal to license API for the purpose of interface with software provider Defence investigation of Director in Construction Services Advising on impact of overseas cartel decision on UK business practices of engineering client Advising on merger control issues arising from two food services companies Procurement management for Queen of England claim in relation to funeral event 7
D. Publications and other Publications Butterworths Competition Law Service (looseleaf) Paul authored section agreements Paul authored chapter on Rules of Origin for Doing Business after Brexit Vertical Agreements: Top to Bottom Reform New Law Journal October 2021 on horizontal cooperation 8
