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01Welcome

Introducing the Matheson Horizon Tracker for Summer 2023

02How to Use this Guide

Descriptions of the different types of legislative and regulatory updates covered in this Horizon Tracker

03ESG

Legislative and Regulatory Developments in Environment and Planning 

04Environmental Planning

Legislative and Regulatory Developments in Environment and Planning 

05Alternative Energy

Developments in Alternative Clean Energy

06Commercial Real Estate

Developments in Commercial Real Estate

07Corporate

Corporate Legislative and Regulatory Developments

08Competition

Competition and Regulatory Legislative and Regulatory Developments

09Consumer Protection

Developments Consumer Protection Regulation

10Tax

Developments in Taxation

11Financial Services

Developments across the Financial Services Sector

12Investment Funds

Asset Management Legislative and Regulatory Developments

13Finance and Capital Markets

Financial and Capital Markets Legislative and Regulatory Developments

14Financial Services Regulation

Developments in Financial Services Regulatory

15Sustainable Finance

Developments in Sustainable Finance

16Commercial Litigation and Dispute Resolution

Developments in Commercial Litigation and Dispute Resolution

17Data Protection and Privacy

Developments in Data Protection, Privacy and Technology

18Employment

Employment Legislative and Regulatory Developments

19Healthcare

Legislative and Regulatory Developments in Healthcare

20Glossary

A full glossary of terms used in this Horizon Tracker

21Contacts

Competition

Legislative and Regulatory Developments

Irish Legislation
EU Legislation

ACTS AWAITING COMMENCEMENT

Competition (Amendment) Act 2022

Date signed into law: 29 June 2022

This act implements ECN+ Directive (EU) 2019/1 and provides for the reform of competition enforcement in Ireland. The ECN+ Directive harmonises the enforcement of EU competition law across the EU and bolsters the enforcement powers of national competition authorities. In Ireland, these include the Competition and Consumer Protection Commission, the Commission for Communications Regulation, the Director of Public Prosecutions, and the courts. The act introduces administrative fining powers for the Competition and Consumer Protection Commission as well as the establishment of a leniency, or ‘whistle-blower’ programme.

Latest stage: Awaiting commencement orders.

Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023

For more information on this act see the Data Protection, Privacy and Technology section.

BILLS

Agricultural and Food Supply Chain Bill 2022

Date published: 16 December 2022

This bill will establish a new independent statutory authority, provisionally named the Office for Fairness and Transparency in the Agri-Food Supply Chain to enforce the Unfair Trading Practices Directive (Directive (EU) 2019/633).

Latest stage: Before Dáil Éireann, Fifth Stage.

Screening of Third Country Transactions Bill 2022

Date published: 2 August 2022

The purpose of this bill is to implement Regulation 2019/452 on Foreign Direct Investment Screening. The legislation will allow for certain transactions that might present security or public order risks to the State to be reviewed by the Minister for Enterprise, and allows the State to respond to threats posed by particular types of foreign investments. The bill provides that a transaction must be notified where:

  • a third country undertaking, or a person connected with such an undertaking, is a party to the transaction;
  • the value of the transaction is no less than €2,000,000;
  • the transaction relates to an asset or undertaking in the State, directly or indirectly;
  • the transaction relates to the factors set out in Article 4(1) of Regulation 2019/452, such as critical infrastructure including energy, transport, water, health, communications; critical technologies including artificial intelligence, semiconductors, cybersecurity; energy supplies; sensitive data etc.

Under the legislation the Minister will be empowered to require data from investors in order to screen, and take actions in relation to, certain transactions. The legislation will also establish an Investment Screening Advisory Panel to advise the Minister in relation to certain transactions.

Latest stage: Completed Dáil Éireann, Third Stage.

EU REGULATIONS

Regulation on foreign subsidies distorting the internal market

Date published: 5 May 2021

This Foreign Subsidies Regulation ("FSR") aims to address the distortive effects of foreign subsidies in the EU Single Market, allowing the Commission to investigate financial contributions granted by public authorities of non-EU countries which benefit companies undertaking economic activities in the EU. The regulation will accordingly address distortion caused by foreign subsidies which are not covered by the EU’s system of state aid control, merger control, and antitrust rules.

Applies from: The regulation applies generally from12 July 2023 with a number of exceptions:

  • Articles 47 and 48 applied from 11 January 2023
  • Article 14(5), (6) and (7) apply from 12 January 2024
  • Articles 21 and 29 apply from 12 October 2023

Related Developments


Corporate

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Related Developments


Tax

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