Private and Commercial Law

The Private and Commercial Law research cluster is based in the School of Law, and includes leading academics with an international reputation for excellence in critical scholarship, teaching and public engagement. Our work focuses on all aspects of labour and business, ranging from employment and business regulation, corporate governance and commercial practice, to international trade law, competition law and dispute resolution, including commercial mediation and international arbitration.

Current research themes include employee and consumer protection, workplace health and safety, intellectual property and biotechnology, mortgage regulation, the regulation of precarious work, and the impact of technology, particularly artificial intelligence and robotics, on labour markets, business practices and financial regulation. Members of the cluster are also engaged in research concerning international and national efforts aimed at addressing the responsibilities of business with respect to human rights.

About the Cluster
Publications
Papers/Presentations
Research projects

Cluster members

Recent Publications

Peter O’Loughlin

Peter O’Loughlin, ’The Regulation of Social Meaning in the Digital Platform Era’, in-progress
Peter O’Loughlin, ‘Inverted Agency Problems in the Digital Platform Era’, in-progress
Peter O’Loughlin, ‘Economic Analysis Within Law’, in-progress
Peter O’Loughlin, ‘Default Power in Global Antitrust Enforcement’ (2024) European Competition Law Review
Peter O’Loughlin, ‘Behavioural Market Failures in Antitrust – Towards “Workable” Cognitive Foreclosure’ (2024) University of Louisville Law Review 255
Peter O’Loughlin, ‘The Limits of Behavioural Antitrust’ (2023) 52 University of Baltimore Law Review 201
Peter O’Loughlin, ‘Cognitive Foreclosure’ (2022) 38 Georgia State University Law Review 1097
Peter O’Loughlin, ‘Public-Private Antitrust Enforcement Conflicts – Assessing Criminalization as a Solution’ (2017) 23(3) Columbia Journal of European Law 683
Peter O’Loughlin, ‘The Criminal Enforcement of Antitrust Law – The Importance of Building an Enforcement Culture and How to Create it’ (2016) 5(1) UCL Journal of Law and Jurisprudence 116
Iris Chiu, Anna Donovan, Martin Petrin, and Peter O’Loughlin, ‘Towards an Adaptive Economic Model for Microstates – The Importance of Company Law Reform in International Regulatory Competition’ (2016) 37(9) The Company Lawyer 267
Peter O’Loughlin, ‘Introduction to Competition Law’ in Despoina Mantzari (ed), Competition Law of the European Union (2^nded, LexisNexis 2016) chapter 1
Peter O’Loughlin, ‘Analysis of Article 101 TFEU’ in Despoina Mantzari (ed), Competition Law of the European Union (2^nd ed, LexisNexis 2016) chapter 2 (updated 2023), update forthcoming 2025
Peter O’Loughlin, ‘Analysis of Article 102 TFEU’ in Despoina Mantzari (ed), Competition Law of the European Union (2^nd ed, LexisNexis 2018) chapter 3 (updated 2022), update forthcoming 2025

Rónán Kennedy

Shifa, Amna and Kennedy, R and Asghar, Mamoona Naveed (2024) GDPR-compliant Video Search and Retrieval System for Surveillance Data Proceedings of the 19th International Conference on Availability, Reliability and Security New York, NY, USA,
Kennedy, R; O'Rourke, M; Roddy-Mullineaux, C (2024) When is a Plan Not a Plan? The Supreme Court Decision in 'Climate Case Ireland' In: Elena D'Alessandro, Davide Castagno eds. Reports & Essays on Climate Change Litigation, pp.43-64
Burkhard Schafer, Sergei Bobrovskyi, Bianca De Teffé Erb, Virginia Ghiara, Hiroya Inakoshi, R Kennedy, Jay Stoltzenberg, Hristina Veljanova (2024) Towards an Ethics by Design Approach for AI. AI4People Institute, Brussels. https://ai4people.org/wp-content/uploads/2024/06/Towards-an-Ethics-by-Design-Approach-for-AI.pdf
‘When Is a Plan Not a Plan? : The Supreme Court Decision in “Climate Case Ireland”’ (2020) 27(2) Irish Planning and Environmental Law Journal 60–72 (with Maeve O’Rourke and Cassie Roddy- Mullineaux)
‘De-camouflaging Chameleons: Requiring Transparency for Consumer Protection in the Internet of Things’ (2019) 10(1) European Journal of Law and Technology (27 pages)
‘Regulating Intersectional Activity: Privacy and Energy Efficiency, Laws and Technology’ (2017) 31(3) In- ternational Review of Law, Computers and Technology 340–369 (with Abbe Brown)
‘Algorithms, Big Data and Artificial Intelligence in the Irish Legal Services Market’ (58 pages), for Oireach- tas Library and Research Service, February 2021, funded by Science Foundation Ireland Public Service Fellowship
Information and Communications Technology Law in Ireland (Clarus Press 2017, 292 pages) (with Maria Helen Murphy), shortlisted for the Dublin Solicitors’ Bar Association Law Book of the Year 2018
Martin Hogg
‘Field of application of contractual and tortious liability’, in H Koziol and E Karner (eds), Tortious and Contractual Liability: Chinese and European Perspectives (Jan Sramek, 2021), pp157–182.
'Implied Contractual Terms and Repudiation: PLZ Soccer Ltd v STV Central Ltd', 2023 Edinburgh Law Review 196-202 (co-authored with L Macgregor)
'Sobhy v Chief Appeals Officer', 2023 Irish Supreme Court Review, 205-218
B Askeland, E Bargelli, M Hogg, B Winiger (eds), Digest of European Tort Law, Volume IV: Limits of Liability (Springer, forthcoming 2024)

Maureen O'Sullivan

Maureen O’Sullivan, Rose Ohiama Ugbe, Mabel Izzi, Emuobo Emudainohwo and Uche Jack-Osimiri , “Annulment of Discriminatory Custom and its impact on Matrilineal and Patrilineal Societies/People”, African Journal of International and Comparative Law 32.2 (2024): 235–266.
Ajichi Patrick Jack-Osimiri, Rose Ohiama Ugbe, Anugbum Onuoha, Maureen O’Sullivan & Prof. Uche Jack-Osimiri, “Enforcement of Informal Sector Taxation to Expand Revenue Base in Nigeria: A Review”, Volume 9, Commonwealth Law Review Journal, 656-707, Published on 08/12/2023.

Csongor Nagy

Books

Csongor István Nagy, The Conceptual Structure of EU Competition Law: Restrictive Agreements. Elgar Publishing, ISBN: 978-1-03531-183-5, 2024.
Csongor István Nagy, Private International Law: A Hungarian Perspective. Brill Publishing, ISBN: 978-90-04-69456-9 (e-book), ISBN: 978-90-04-69083-7, 2024.

Journal Articles and Book Chapters

Csongor István Nagy, The Doctrine of Ancillary Restrictions as a Delimitation Tool and an Absorption Principle: Twin Notions but Not Identical Twins. In: Journal of European Competition Law and Practice, 2024, vol. 15, no. 5, pp. 299-305.
Csongor István Nagy, Hungary. In: Judicial Review of Competition Law Enforcement in the EU Member States and the UK. Eds.: Barry Rodger and Or Brook, Maciej Bernatt, Francisco Marcos & Annalies Outhuijse. Kluwer, 2024.
Csongor István Nagy, Vertical “object” restraints: concurrence of wills, hardcore agreements and context in Case C-211/22 Super Bock Bebidas. In: Maastricht Journal of European and Comparative Law, 2024, Vol. 31, no. 2, pp. 124-134.
Csongor István Nagy, Hungarian Competition Law’s Contribution to the European Discourse on Private Enforcement. In: Twenty Years of EU Competition Law in Hungary. Ed. Martin Milán Csirszki. Hungarian Competition Office, 2024, pp. 222-234
Csongor István Nagy, The diagonal application of the Charter of Fundamental Rights: from “displacement” through “agency” to “scope” and beyond. In: German Law Journal, 2024, vol. 25, no. 2, pp. 155-184.
Csongor István Nagy, (2024): The Rebellion of Constitutional Courts and the Normative Character of EU Law In: International and Comparative Law Quarterly, 2024, vol. 73, no. 1, pp. 65-101.
Csongor István Nagy, Is minority language a right or a privilege? European institutions’ contribution to the decline of linguistic diversity. In: Language Problems and Language Planning. In: Language Problems and Language Planning, 2023, vol. 47, no. 2, pp. 136-159.
Csongor István Nagy, The Dormant Commerce Clause’s Unfulfilled Constitutional Promise to Rule out Protectionism: Proposal for a New Doctrine. In: Indiana Law Review, 2023, vol. 57, no. 2, pp. 313-356.
Csongor István Nagy, International Investment Law Enables the Use of Frozen Russian Assets to Compensate for War Damage in Ukraine, Harvard International Law Journal Online, 2023, vol. 64, https://journals.law.harvard.edu/ilj/2023/11/international-investment-law-enables-the-use-of-frozen-russian-assets-to-compensate-for-war-damage-in-ukraine/
Csongor István Nagy, The EU’s New Regime on Foreign Subsidies: Has the Time Come for a Paradigm-Shift? In: Journal of World Trade, 2023, vol. 57, no. 6, pp. 889-908.
Csongor István Nagy, Economic constitutionalism and the constitutionalization of the internal market. In: Economic Constitutionalism in a Turbulent World. Eds.: Gábor Halmai, Lisa Mardikian & Achilles Skordas, Edward Elgar, 2023.
Csongor István Nagy, Collective Redress and Aggregation of Claims. In: Research Handbook on Private Enforcement of Competition Law in the EU (Barry J. Rodger, Miguel Sousa Ferro, Francisco Marcos eds.), Elgar Publishing, 2023.
Csongor István Nagy, Can a protectionist measure be non-discriminatory? Comparative federal markets and a proposal for a definition of discrimination under s 92 of the Australian Constitution. In: Federal Law Review, 2023, vol. 51, no. 1, pp. 58-77.
Csongor István Nagy, The EU’s Emerging Regime on Extraterritorial Subsidies: Extending the Scope of EU State Aid Law. In: Taiwan Law Review, 2023, no 2/333, pp. 92-108.

Abigail Rekas

Abigail Rekas, ‘Accessibility Measures as Implemented by AVMS Providers for Persons with Disabilities’ (European Audiovisual Observatory 2024)
Abigail Rekas, ‘Non-Discrimination, Not Copyright Exceptions’ (2024) 12 Journal on Technology and Persons with Disabilities 246.
Abigail Rekas, ‘Mind the (Accessibility) Gap, Copyright Flexibilities and Media Regulation’ (2025) Flexibilities in Copyright Law, Caterina Sganga and Tatiana Eleni Synodinou eds. Forthcoming
Abigail Rekas, Xinpeng Liu, ‘Authorship and AI – Considering the Copyright Protection of AI Generated Materials’ (2025) EVA Berlin 2025. Elektronische Medien & Kunst, Kultur Und Historie: 28. Berliner Veranstaltung Der Internationalen EVA-Serie Electronic Media and Visual Arts Forthcoming

Papers/Presentations

Rónán Kennedy

‘Environmental Law in the Cloud: Regulating the Climate Footprint of Artificial Intelligence’ (Law and the Environment 2024, University College Cork, April 2024)
‘AI on the Big Screen’ Galway Chamber (Galway, February 2024) (invited)
‘Generative AI: Legal and Ethical Issues’ School of Computer Science Research seminar (Galway, February 2024) (invited)
‘Regulation: The AI Act and Beyond’ Understanding AI Law (Innovation, Technology along the AtlanTec Gateway meetup, Galway, January 2024) (invited)
‘The Ethics and Legality of Integrating Large Language Models into Legal Education’ Replacement or Collaboration—Imagining the Future(s) of Law, Lawyers and Justice International Future of Law As- sociation 2023 (Dublin, June 2023)
‘Friends of the Irish Environment v. Ireland’ International Workshop on Climate Change Litigation (Turin and online, June 2023)
‘Disclosure as a Tool of Administrative Governance: Pollution Release and Transfer Registries’ (Law and the Environment 2023, University College Cork, April 2023)
‘Compliance with European Environmental Law by Ireland’ (invited) (Office of Environmental Enforce- ment ‘Office Day’ , Environmental Protection Agency, Castlebar, May 2023)
‘Disclosure as a Tool of Administrative Governance: Pollution Release and Transfer Registries’ (Law and the Environment 2023, University College Cork, April 2023)
‘The Role of Science in Planning Law’ (International Association of Hydrogeologists — Irish Group Annual Groundwater Conference, Tullamore, April 2023)

Martin Hogg

Presentation on Developments of the Scottish Law of Delict in 2023, delivered at the Annual Conference of European Tort law, Vienna, April 2024.
Paper “The European experience of cross-border practice: any lessons for Africa?” delivered at African Forum panel, International Bar Association Annual Conference, Mexico City, September 2024.
Paper “Making Room to Teach AI in the law Curriculum”, to be delivered at workshop on AI & the Law, City University of Hong Kong, December 2024.

Csongor Nagy

Paper “Mass Investment Claims and the Compensation of War Victims in Ukraine” delivered at the ICAC Workshop 2024: “Collective actions on Environmental, Social and Governance topics”, University of Amsterdam, November 2024.
Paper “The private enforcement of competition law in Europe: we have a religion – now its time to find a founder!” delivered at the XLII Competition Law Scholars Forum Workshop (CLaSF): Private Antitrust Enforcement: Taking stock and looking ahead…, IE Law School (IE University), Madrid, October 2024.
Paper “International Investment Law’s Overlooked Social Function: Are Non-Profit Assets Investments?” delivered at the 15th Transnational Commercial Lawyers Conference: Current Trends, Developments and Challenges in Transnational Commercial Law regarding Financial Inclusion, Sustainability and ESG, University of Manchester Law School, October 2024.
Panel Discussion on Sanctions, Trade, and International Economic Law, The Future of Ukraine and International Law, University of Pennsylvania Journal of International Law & Slavic+ Club, January 2024.
Paper “The diagonality problem of the EU rule of law: a comparative perspective” delivered at the Annual Comparative Law Work-in-Progress Workshop, American Society of Comparative Law, Princeton University Center for Human Values, January 2024).
Paper “The Conundrum of Lawfully Using Frozen Russian Assets to Compensate for the War Damage in Ukraine: International Investment Law Provides an Answer” delivered at the Academic Forum on Investor-State Dispute Settlement, University of Michigan Law School, September 2023.
Paper “Economic constitutionalism and the constitutionalization of the internal market: energy investment disputes after Achmea and Komstroy” delivered at “A Sustainable International Investment Law for Energy? The Implementation and Enforcement of the ECT through Investment Arbitration – DIEcon Webinar Series”, DIEcon, the Interest Group on International Economic Law of the Italian Society of International and EU Law (SIDI), Jean Monnet Module, January 2023.

Abigail Rekas

On 1 February 2024 Dr Abigail Rekas was an invited panelist at the Fís TV Summit for the panel The Good, The Bad, the AI. The annual FÍS TV Summit brings creatives from all sectors of the TV industry together to listen, learn and connect with each other.
Now in its 7th year, key stakeholders include Ardán, TG4, Screen Ireland, & Gréasán na Meán Skillnet, Coimisiún na Meán, Creative Europe Media Desk, ATU Galway City, National Talent Academy for Film & TV, WRAP, the Welsh Government and Creative Wales.
On 20 March 2024 Dr Abigail Rekas presented her research on a Non-Discrimination approach to content accessibility at the 39^th Annual CSUN Assistive Technology Conference in Anaheim, California USA.
On 16 April 2024, Dr Abigail Rekas gave a masterclass on ‘Copyright-AI-bility’ to the Centre for Creative Technologies at University of Galway. This talk reviewed copyright doctrine in the US & Europe, the various litigation on generative AI ongoing in the US and UK brought by publishers, artists, authors and newspapers, and then the question of who copyright serves, what its purpose is, and whether there is room at the table for new types of creativity?
On 30 May 2024, Dr Abigail Rekas and Xinpeng Liu presented a paper titled ‘Generative AI and copyright’ at the Law School’s ‘Research Day’
On 9 July 2024, Dr Abigail Rekas was invited to brief the Arts Council Ireland on AI in the Arts - Copyright and IP. The workshop was delivered online and covered a whole range of discussions around generative AI in the Arts with the different arts teams and staff at the Arts Council. Her presentation covered her research into copyright and the creative industries, as well as access to justice and digital transformation.
On 22 and 23 July 2024, Dr Rónán Kennedy and Dr Abigail Rekas co-organised and participated in the International Future of Law conference on ‘Continuity or Crisis? The Future of Law after Technological Change’, which was held in Vanderbilt Law School, Nashville. They were also invited participants at the SubTech (International Conference on Substantive Technology in Legal Education and Practice) conference at Northwestern School of Law, Chicago.
On 3 October 2024, Dr Abigail Rekas was an invited panelist for the World Conference of Screenwriters for the panel ‘Artificial Intelligence: A Conversation on what’s being done to protect screenwriters, and what we need to do next’ along with representatives from the Writers Guild of America, Canada and the Federation of Screenwriters in Europe.
On 14 October 2024, Dr Abigail Rekas and Dr Maria O’Brien organised the conference ‘Game Changers: the Business of Games – A Legal Perspective, at the University of Galway, sponsored by the College of Business, Public Policy and Law, as part of the Thinking Beyond event series, J.E Cairnes School of Business and Economics and the School of Law at University of Galway jointly hosted an interdisciplinary gathering on the business and legal aspects of the digital games industries. This event featured talks by international and local speakers, roundtables on aspects of interest to industry and academics, together with built-in opportunities for developing research and industry networks. Dr. Rekas delivered a paper, co-authored with Matt Voigts called “Saving the Game.”
On 1 November 2024 Dr Abigail Rekas, Xinpeng Liu and MingZhu Zhang were invited to participate in the AI Art Assembly at Beta Festival. Dr Rekas served as a subject matter expert partnered with a cultural industry expert, and Xinpeng Liu and MingZhu Zhang were conversants.
On 9 December 2024, Dr Abigail Rekas will host a Q&A for the filmmakers of the documentary Grand Theft Hamlet, a documentary about two actors who mounted a full production of Hamlet inside the video game world of Grand Theft Auto Shot entirely in-game.
On 10 December 2024 Dr Abigail Rekas will present a paper titled ‘The Challenges of Tech Enabled Legal Education’ to be delivered at workshop on AI & the Law, City University of Hong Kong, December 2024.

Research Projects

Rónán Kennedy

Member of AI4People working group, 2024-25
Member of ‘Legal Education in the North Atlantic’ network

Martin Hogg

“Restatement of the Contract Law of Scotland”, being written by Martin Hogg: leading consultative group of academics, practitioners, and judges. Meetings of the group convened in November 2023, May 2024, and November 2024.