The Competition (Amendment) Act 2022 (the “Act”) has introduced ground-breaking reforms to Irish law. It will revolutionise competition law in Ireland transforming the regulatory environment for businesses, company directors, lawyers, general counsel and compliance leaders.

The Irish Centre for European Law (ICEL) and A&L Goodbody are delighted to announce A New Law – A New World: Competition (Amendment) Act 2022 and ECN+ Directive, a one-day, in-person conference exploring these reforms. It will take place from 9:30 to 17:00 on Tuesday 27 September 2022 in the Chartered Accountants House, 47/49 Pearse St, Dublin 2.

The in-person Conference will be complemented by a webinar series, with the first on the Act’s changes to merger control in the coming weeks, followed by three one-hour webinars in the new year focusing on further critical aspects of the Act.

Ticket information is available below. 

CONFERENCE PROGRAMME

Registration & Coffee (09:30am – 09:55am)

Introduction (09:55am – 10am)

Welcome

  • Dr Vincent Power SC (Partner, A&L Goodbody)
  • Ciarán Toland SC (ICEL; Bar of Ireland; Bar Library of Northern Ireland)

Seminar 1 – An Overview of the 2022 Act (10am – 11am)

Chair: The Hon Mr Justice Gerard Hogan

1A – Purpose of the Act – the ECN+ Directive (10am – 10:20pm)

What was the EU trying to achieve in the ECN+ Directive?

  • Margaret Gray SC, KC (Bar Library of Ireland; Bar of Northern Ireland; Brick Court Chambers)

1B – Investigations (10:20am – 11:00pm)

How investigations will be conducted under the 2022 Act: what will change and how do the CCPC’s powers under the 2022 Act compare with other public bodies e.g. ComReg

  • Úna Butler (CCPC)

Choice of an enforcement method: the interface with criminal law and the DPP’s role

  • Remy Farrell SC (Bar of Ireland)

 

— COFFEE BREAK (11am – 11:15am) —

 

Seminar 2 – The new administrative sanctions regime (11:15am – 1pm)

Chair: The Hon Ms Justice Nuala Butler

2B – Adjudication (11:15pm – 11:35pm)

Adjudication under the 2022 Act, potential decisions and the test for the imposition of fines and other remedies available to an Adjudication Officer; commitments and settlements

  • Dr Catherine Donnelly SC (Bar of Ireland; Blackstone Chambers)

2C – Fines and Periodic Penalty Payments (11:35pm – 12:10pm)

Calculation of administrative fines and related procedures

  • Caroline Dee-Brown and John O’Flaherty (ComReg)

The purpose, effect and calculation of Periodic Penalty Payments

  • Elizabeth Cogan BL

2D – Remedies (12:10pm – 12:30pm)

The procedures for appeals and court confirmation; the standard of review in court confirmations of administrative fines upon appeal and confirmation; appeals to the Court of Appeal and Supreme Court; case-stated; Judicial review; references to the Court of Justice

  • Bernadette Quigley SC (Bar of Ireland)

2E – Potential challenges (12:30pm-12:50pm)

Administrative sanctions and the Constitution: the 2022 Act in the context of Irish public law

  • Sean Guerin SC (Bar of Ireland)

2F – Q&A (12:50pm – 1pm)

  • Úna Butler (CCPC)
  • Elizabeth Cogan BL
  • Caroline Dee-Brown (ComReg)
  • John O’Flaherty (ComReg)
  • Dr Catherine Donnelly SC (Bar of Ireland; Blackstone Chambers)
  • Remy Farrell SC (Bar of Ireland)
  • Bernadette Quigley SC (Bar of Ireland)
  • Sean Guerin SC (Bar of Ireland)

 

— LUNCH (1pm – 2pm) —

 

Seminar 3 – Mergers – Panel Discussion (2pm – 3pm)

Chair/Moderator – Alan McCarthy (Partner, A&L Goodbody)

Ability of the CCPC to “call-in” sub-threshold deals for notification; potential imposition by the CCPC to determine that a merger be unwound/dissolved/steps take to restore position; new offence of gun-jumping & power of CCPC to go to District Court to prosecute gun-jumping; ability of the CCPC to require third parties to provide information on any merger

  • Brian McHugh (Member, Competition Enforcement & Mergers Division, CCPC)
  • Paul Gorecki (Former Adjunct Lecturer in Economics, Trinity College Dublin; formerly ESRI)

 

Seminar 4 – Screening of Third Country Transactions Bill 2022  (3pm – 3:30pm)

Chair – Nathy Dunleavy BL (Bar of Ireland)

Issues for practitioners

  • Anna-Marie Curran (Partner, A&L Goodbody)

— COFFEE BREAK (3:30pm – 3:45pm) —

Seminar 5 – Conference Conclusions (3:45pm-4:55pm)

Chair – The Hon Ms Justice Niamh Hyland

5A – Comparative perspective (3:45pm – 4:05pm)

A comparative perspective: the experience of administrative penalties in the United Kingdom

  • Emily Neill BL (Bar of Ireland; Bar Library of Northern Ireland; Blackstone Chambers)

5B – The path ahead (4:05pm – 4:25pm)

What happens next in the CCPC

  • Jeremy Godfrey (CCPC)

5C – Conclusion (4:25pm – 4:45pm)

Keynote: The 2022 Act and its future

  • The Attorney General, Paul Gallagher SC

5D – Panel Discussion & Q&A: Issues arising from the Conference (4:45pm – 4:55pm)

Panel of Respondents –

  • The Attorney General, Paul Gallagher SC
  • Jeremy Godfrey (CCPC)
  • Emily Neill BL (Bar of Ireland; Bar Library of Northern Ireland; Blackstone Chambers)

Closing Remarks (4:55pm – 5pm)

  • Dr Vincent Power SC (Partner, A&L Goodbody)
  • Eoin Delap BL (ICEL; Bar of Ireland)

 

Six CPD points will be available for attendees.

 

TICKETS

The following ticket options are now available:

Ordinary tickets are €395.00 for the Series or €295.00 for the Conference only.

Members may purchase tickets for €245.00 for the Series or €195.00 for the Conference only.

Group bundles (three tickets) are €595.00 for the Series or €495 for the Conference only.

Group Members may purchase bundles (three tickets) for €495.00 for the Series or €395.00 for the Conference only.

Trainee solicitors/pupil barristers may purchase tickets for the Series for €145 or €95 for the Conference only.

Associate Members may purchase tickets for the Series for €75 or €50 for the Conference only.