The three sessions which make up the Conference look at key expected trends and managing increased risk in the coming year within the current Irish competition and regulatory landscape. We were joined by representatives from the relevant Irish regulators who provided invaluable insights into how to navigate the current regulatory landscape.
Session One: Merger Control – Getting Deals Done in a more Intensive Regulatory Environment
Managing competition risk remains critical to M&A activities, but more and more transactions are now subject to merger control review processes. There is a perception that the intensity of these reviews is ever increasing. During this session, you will hear about the latest trends in merger control and media merger reviews before the Irish competition regulator, with a comparative view of the recent experiences of international regulators, including those in the EU and the UK.
Session Two: FDI Screening and Foreign Subsidies Regulation – Navigating Additional Deal and Procurement Hurdles
The new Irish FDI screening regime is expected to finally come into effect in January 2025, with the commencement of the Screening of Third Country Transactions Act 2023. Transactions with an Irish nexus and involving non-EU investors may therefore be subject to additional regulatory oversight. In addition, the EU Foreign Subsidies Regulation has introduced a new regulatory regime for transactions and public tenders, including in Ireland, to allow for the scrutiny of non-EU financial contributions and we now have more than one year of learnings to draw on. During this session, you will hear about the scope of these new regulatory regimes and how they can be navigated to minimise deal and public tender impact.
Session Three: Competition Investigations – Identifying Conduct Issues and Managing Regulatory Scrutiny
The CCPC has initiated a wave of new investigations under the new Irish competition enforcement regime. The European Commission has also continued to open new investigations, including in Ireland concurrently with the CCPC’s enforcement activity. Renewed competition law compliance activities, from dawn raid preparedness to senior executive trainings, have therefore intensified rapidly. During this session, you will hear about the latest wave of enforcement activities and get some practical guidance on how to manage competition risk, drawing on learnings from international best practices.
