European Communities (Implementation of the Rules Oncompetition Laid Down in Articles 81 and 82 of the Treaty)Regulations, 2004

JurisdictionIreland
CitationIR SI 195/2004
Year2004

I, MARY HARNEY, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EC) No. 1/2003 of 16 December 2002 as amended by Council Regulation (EC) No. 411/2004 of 26 February 2004, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Implementation of the Rules on Competition laid down in Articles 81 and 82 of the Treaty) Regulations 2004.

(2) These Regulations shall come into operation on 1 May 2004.

2. In these Regulations-

“Act” means the Competition Act 2002 (No. 14 of 2002);

“Authority” means the Competition Authority;

“Council Regulation” means Council Regulation (EC) No. 1/2003 of 16 December 20021 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty as amended by Council Regulation (EC) No. 411/2004 of 26 February 20042 repealing Regulation (EEC) No. 3975/87 and amending Regulations (EEC) No. 3976/87 and (EC) No. 1/2003, in connection with air transport between the Community and third countries.

“functions” includes powers and duties.

3. (1) Each of the following, namely—

(a) the District Court,

(b) the Circuit Court,

(c) the High Court,

(d) the Court of Criminal Appeal, and

(e) the Supreme Court,

is, as respects the State, designated as the competition authority for the purposes of Article 5 of the Council Regulation and the respective jurisdiction of each of those courts for the purposes of that Article is that specified in paragraph (2) of this Regulation.

(2) For the purposes of Article 5 of the Council Regulation, the functions and jurisdiction of each court mentioned in paragraph (1) of this Regulation are those specified in, and conferred on it by—

(a) the Act, and

(b) in the case of any appellate jurisdiction of it arising by virtue of the operation of any other enactment and relating to a matter arising under the Act, that other enactment.

4. (1) Subject to paragraphs (2) and (3) of this Regulation, the Authority is, as respects the State, designated as the competition authority for the purpose of performing the functions assigned to competition authorities of the Member States by the provisions of Chapters IV, V, VII, VIII, and IX of the Council Regulation and is, accordingly, empowered to do anything mentioned in any of those provisions as...

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