Competition act, 2002

• Act Number: 14
• Enactment Date: 10 April 2002

Number 14 of 2002
COMPETITION ACT, 2002
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section 1. Short title. 2. Commencement. 3. Interpretation.
PART 2
Competition Rules and Enforcement
4. Anti-competitive agreements, decisions and concerted practices. 5. Abuse of dominant position. 6. Offence in respect of breach of section 4(1) or Article 81(1) of the Treaty. 7. Offence in respect of breach of section 5(1) or Article 82 of the Treaty. 8. Penalties and proceedings in relation to offences under sections 6 and 7. 9. Provisions as respects expert evidence. 10. Provision of information to juries. 11. Trial of persons for certain offences by Central Criminal Court. 12. Presumptions. 13. Admissibility of statements contained in certain documents. 14. Right of action for breaches of competition rules. 15. Appeal to High Court against declaration under section 4(3).
PART 3
Mergers and Acquisitions
16. Mergers and acquisitions for the purposes of Act. 17. Application of sections 18 to 22. 18. Obligation to notify certain mergers and acquisitions. 19. Limitation on merger or acquisition being put into effect. 20. Examination by the Authority of notification. 21. Determination of issues concerned without full investigation, etc. 22. Determination of issues concerned on foot of full investigation. 23. Provisions with regard to media mergers. 24. Appeal to the High Court against determination of the Authority. 25. Laying of order under section 23(4) before Houses of the Oireachtas. 26. Enforcement of certain commitments, determinations and orders. 27. Alteration of certain monetary amounts. 28. Relationship between this Part and other enactments.
PART 4
The Competition Authority
29. The Competition Authority. 30. Functions of the Authority. 31. Investigations of the Authority — general provisions. 32. Prohibition on unauthorised disclosure of information. 33. Strategic plans and work programmes. 34. Provisions for co-operation between the Authority and statutory bodies. 35. Membership. 36. Disqualification. 37. Meeting and business. 38. Functions and accountability of chairperson. 39. Staff. 40. Seal of the Authority. 41. Accounts and audits. 42. Annual report. 43. Grants and borrowing powers. 44. Superannuation. 45. Authorised officers and their powers. 46. Relationship of Authority with foreign competition bodies. 47. Information relating to offences under this Act may be disclosed to Authority.
PART 5
Miscellaneous
48. Repeals. 49. Restrictive Practices (Groceries) Order, 1987. 50. Protections for person reporting breaches of Act. 51. Amendment of Industrial and Provident Societies Act, 1893. 52. Regulations and orders. 53. Expenses. 54. Provision with respect to fees payable under this Act. 55. Saving and transitional provisions.
SCHEDULE 1
Statutory Bodies and their responsible Ministers of the Government
SCHEDULE 2
Saving and Transitional Provisions
SCHEDULE 3
Redress for Contravention of Section 50(3)
Acts Referred to Broadcasting Act, 2001 2001, No. 4 Civil Service Commissioners Act, 1956 1956, No. 45 Civil Service Regulation Acts, 1956 and 1958 Competition Act, 1991 1991, No. 24 Competition Acts, 1991 and 1996 Competition (Amendment) Act, 1996 1996, No. 19 Comptroller and Auditor General (Amendment) Act, 1993 1993, No. 8 European Parliament Elections Act, 1997 1997, No. 2 Industrial and Provident Societies (Amendment) Act, 1971 1971, No. 31 Industrial and Provident Societies Act, 1893 56 & 57 Vict. c. 39 Interpretation Act, 1937 1937, No. 38 Mergers and Takeovers (Control) Acts, 1978 to 1996 Mergers, Take-overs and Monopolies (Control) Act, 1978 1978, No. 17 Minimum Notice and Terms of Employment Acts, 1973 and 1984 Organisation of Working Time Act, 1997 1997, No. 20 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Public Offices Fees Act, 1879 1879, c. 58 Radio and Television Act, 1988 1988, No. 20 Redundancy Payments Acts, 1967 to 1990 Restrictive Practices (Amendment) Act, 1987 1987, No. 31 Terms of Employment (Information) Act, 1994 1994, No. 5 Unfair Dismissals Act, 1977 1977, No. 10 Unfair Dismissals Acts, 1977 to 1993
Number 14 of 2002
COMPETITION ACT, 2002
AN ACT TO MAKE NEW PROVISION, BY ANALOGY WITH ARTICLES 81 AND 82 OF THE TREATY ESTABLISHING THE EUROPEAN COMMUNITY, AND IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROHIBITION OF ACTIVITIES WHICH PREVENT, RESTRICT OR DISTORT COMPETITION IN TRADE IN THE STATE OR WHICH CONSTITUTE AN ABUSE OF A DOMINANT POSITION IN SUCH TRADE, TO COMPLEMENT THE POWERS AVAILABLE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES WITH REGARD TO THE ENFORCEMENT OF THE SAID ARTICLES 81 AND 82, TO MAKE NEW PROVISION, IN THE INTERESTS OF THE COMMON GOOD, FOR THE CONTROL OF CERTAIN MERGERS OR ACQUISITIONS, TO CONTINUE IN BEING THE COMPETITION AUTHORITY AND MAKE NEW PROVISION ABOUT ITS FUNCTIONS, TO REPEAL THE COMPETITION ACTS, 1991 AND 1996, THE MERGERS AND TAKEOVERS (CONTROL) ACTS, 1978 TO 1996, AND CERTAIN OTHER ENACTMENTS, TO AMEND THE INDUSTRIAL AND PROVIDENT SOCIETIES ACT, 1893, WITH RESPECT TO THE REQUIREMENTS FOR CERTAIN SPECIAL RESOLUTIONS THEREUNDER, AND TO PROVIDE FOR RELATED MATTERS. [10th April, 2002]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title.	1.—This Act may be cited as the Competition Act, 2002.
	Commencement.	2.—This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
	Interpretation.	3.—(1) In this Act, unless the context otherwise requires—
	“authorised officer” means a person appointed under section 45 ;
	“Authority” means the Competition Authority continued in being by section 29 ;
	“Commission” means the Commission of the European Communities;
	“conditional determination” shall be construed in accordance with section 22 ;
	“contravention” includes, in relation to any provision, a failure to comply with that provision and “contravene” shall be construed accordingly;
	“Council” means the Council of the European Communities;
	“court”, where used without qualification, means the District Court, the Circuit Court or the High Court as appropriate, or, in the case of an appeal, the Circuit Court, the High Court or the Supreme Court as appropriate;
	“director” includes a person in accordance with whose directions or instructions the directors of the undertaking concerned are accustomed to act but does not include such a person if the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity;
	“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
	“Minister” means the Minister for Enterprise, Trade and Employment;
	“prescribed” means prescribed by regulations made by the Minister under this Act;
	“publish”, in relation to a matter, includes to place a notice in relation to it in a national newspaper and to post a notice in relation to it on a website maintained by the Authority, any Minister of the Government or a statutory body;
	“statutory body” means a person specified in column (1) of Schedule 1;
	“Treaty” means the Treaty establishing the European Community;
	“undertaking” means a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply or distribution of goods or the provision of a service.
	(2) In this Act references, however expressed, to an agreement being concluded in respect of a merger or acquisition shall be construed as including references to an agreement (of whatever kind and whether expressed to be in respect of a merger or acquisition or not) being entered into the result of which will, if the agreement is implemented, be that a merger or acquisition occurs.
	(3) Where—
	(a) proof of any matter is, by any provision of this Act, placed on the defendant in the proceedings concerned it shall be sufficient, for the purposes of that provision, for the defendant to prove the matter on the balance of probabilities,
	(b) any provision of this Act provides that any specified matter or matters is or are presumed to be fact unless the contrary is shown (as distinct from being presumed to be fact unless or until the contrary is proved) the provision shall be construed as placing on the defendant in the proceedings concerned an evidential burden only with respect to the matter or matters.
	(4) In this Act references, however expressed, to an act that is done with the consent of a person shall be construed as including references to an act that is done with the connivance of a person.
	(5) In this Act a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act, unless it is indicated that a reference to some other...