Competition Act 2002

Sommaire

1. Art. 1 Short title.
2. Art. 2 Commencement.
3. Art. 3 Interpretation.
4. Art. 4 Anti-competitive agreements, decisions and concerted practices.
5. Art. 5 Abuse of dominant position.
6. Art. 6 Offence in respect of breach of section 4(1) or Article 81(1) of the Treaty.
7. Art. 7 Offence in respect of breach of section 5(1) or Article 82 of the Treaty.
8. Art. 7A Limitation of certain prosecutions
9. Art. 7B Defences - administrative proceedings
10. Art. 8 Penalties and proceedings in relation to offences under section 6 and 7.
11. Art. 9 Provisions as respects expert evidence.
12. Art. 10 Provision of information to juries.
13. Art. 11 Trial of persons for certain offences by Central Criminal Court.
14. Art. 12 Presumptions.
15. Art. 13 Admissibility of statements contained in certain documents.
16. Art. 14 Right of action for breaches of competition rules.
17. Art. 14A Right of action of competent authority.
18. Art. 14B Applications to High Court for orders in relation to certain agreements.
19. Art. 15 Appeal to High Court against declaration under section 4(3).
20. Art. 15A Definitions and operation of this Part.
21. Art. 15B Anti-competitive conduct in grocery goods trading.
22. Art. 15C Right of action for breach of section 15B.
23. Art. 15D Definitions.
24. Art. 15E Collective bargaining and agreements in respect of certain categories of workers.
25. Art. 15F Prescribed relevant category of self-employed worker
26. Art. 15G Conduct of certain investigations
27. Art. 15H Prohibition notice
28. Art. 15I Appeal against prohibition notice
29. Art. 15J Ending of effect of prohibition notice
30. Art. 15K Choice of enforcement mechanism
31. Art. 15L Statement of objections
32. Art. 15M Referral
33. Art. 15N Withdrawal of referral
34. Art. 15O Appointment of adjudication officers
35. Art. 15P Independence of adjudication officers
36. Art. 15Q Regulations for appointment and independence of adjudication officers
37. Art. 15R Appointment of assistants to adjudication officers
38. Art. 15S Effect of appointment of an adjudication officer upon terms of employment or contract
39. Art. 15T Division of adjudication officers
40. Art. 15U Action by adjudication officer after receiving referral
41. Art. 15V Admissibility of evidence and rules for oral hearings
42. Art. 15W Powers and offences
43. Art. 15X Decision by the adjudication officer
44. Art. 15Y Notice of decision
45. Art. 15Z Structural or behavioural remedies
46. Art. 15AA Administrative financial sanctions
47. Art. 15AB Calculation of administrative financial sanctions
48. Art. 15AC Maximum amount of administrative financial sanctions
49. Art. 15AD Periodic penalty payments
50. Art. 15AE Commitments
51. Art. 15AF Guidelines
52. Art. 15AG Conduct of investigations
53. Art. 15AH Definitions (Part 2E)
54. Art. 15AI Immunity from administrative financial sanctions
55. Art. 15AJ Reduction of administrative financial sanctions
56. Art. 15AK General conditions for leniency
57. Art. 15AL Form of leniency statements
58. Art. 15AM Markers for applications for leniency from administrative financial sanctions
59. Art. 15AN Summary applications for leniency
60. Art. 15AO Relationship between applications for immunity from administrative financial sanctions and sanctions on natural persons
61. Art. 15AP Leniency programme for other infringements
62. Art. 15AQ Cooperation with other competition authorities
63. Art. 15AR Requests for the notification of preliminary objections and other documents
64. Art. 15AS Requests for the enforcement of decisions imposing administrative financial sanctions or periodic penalty payments
65. Art. 15AT General principles of cooperation
66. Art. 15AU Disputes concerning requests for notification or enforcement of decisions imposing administrative fines or periodic penalty payments
67. Art. 15AV Access to file by parties and limitations on the use of information
68. Art. 15AW Admissibility of evidence
69. Art. 15AX Confidentiality rings
70. Art. 15AY Appeal against certain decisions
71. Art. 15AZ Court confirmation of decision on certain administrative sanctions
72. Art. 15AAA Judicial review
73. Art. 15AAB Appeals to the Court of Appeal
74. Art. 15AAC Conduct of proceedings
75. Art. 15AAD Treatment of amounts paid in respect of administrative financial sanctions
76. Art. 15AAE Recovery of amounts of administrative financial sanctions and periodic penalty payments due
77. Art. 16 Mergers and acquisitions for the purposes of Act.
78. Art. 17 Application of sections 18 to 22
79. Art. 18 Obligation to notify certain mergers and acquisitions.
80. Art. 18A Power to require notification of below threshold mergers or acquisitions
81. Art. 18B Power to impose interim measures in respect of certain mergers and acquisitions
82. Art. 19 Limitation on merger or acquisition being put into effect.
83. Art. 20 Examination by the Authority of notification.
84. Art. 21 Determination of issues concerned without full investigation, etc.
85. Art. 22 Determination of issues concerned on foot of full investigation.
86. Art. 23 Provisions with regard to media mergers.
87. Art. 24 Appeal to the High Court against determination of the Authority.
88. Art. 25 Laying of order under section 23(4) before Houses of the Oireachtas.
89. Art. 26 Enforcement of certain commitments, determinations and orders.
90. Art. 27 Alteration of certain monetary amounts.
91. Art. 28 Relationship between this Part and other enactments.
92. Art. 28A Interpretation and application.
93. Art. 28B Notification of media merger to Minister for Communications, Energy and Natural Resources.
94. Art. 28C Limitation on media merger being put into effect.
95. Art. 28D Initial examination by Minister for Communications, Energy and Natural Resources of media merger notification.
96. Art. 28E Full media merger examination.
97. Art. 28F Advisory panel.
98. Art. 28G Determination of Minister for Communications, Energy and Natural Resources after full media merger examination.
99. Art. 28H Review of conditions in determination under section 28G(1)(c).
100. Art. 28I Enforcement of certain determinations.
101. Art. 28J Limitation of judicial review of determination.
102. Art. 28K Fees.
103. Art. 28L Guidelines.
104. Art. 28M Report and research.
105. Art. 28N Sharing of information and documents and disclosure of confidential information.
106. Art. 28O Expenses in administration of Part.
107. Art. 29 The Competition Authority.
108. Art. 30 Functions of the Authority.
109. Art. 31 Investigations of the Authority — general provisions.
110. Art. 32 Prohibition on unauthorised disclosure of information.
111. Art. 33 Strategic plans and work programmes.
112. Art. 34 Provisions for co-operation between the Authority and statutory bodies.
113. Art. 35 Membership.
114. Art. 36 Disqualification.
115. Art. 37 Meetings and business.
116. Art. 38 Functions and accountability of chairperson.
117. Art. 39 Staff.
118. Art. 40 Seal of the Authority.
119. Art. 41 Accounts and audits.
120. Art. 42 Annual report.
121. Art. 43 Grants and borrowing powers.
122. Art. 44 Superannuation.
123. Art. 45 Authorised officers and their powers.
124. Art. 46 Relationship of Authority with foreign competition bodies.
125. Art. 47 Power to disclose certain information relating to offences under this Act.
126. Art. 47A Function of the Commission to investigate complaints relating to the electronic communications market.
127. Art. 47B Delegation of functions of Commission.
128. Art. 47C Commission to notify Authority before acting under this Act.
129. Art. 47D Responsibilities of Authority with respect to notifying existence of certain agreements, decisions, practices and abuses.
130. Art. 47E Authority and Commission to make every effort to settle disputed questions.
131. Art. 47F Undertaking not liable to be prosecuted by both Authority and Commission for same offence.
132. Art. 47G Co-operation agreement between Authority and the Commission with respect to performing their respective functions under this Act.
133. Art. 47H Liability of competent authority and associated persons and indemnity for associated persons.
134. Art. 48 Repeals.
135. Art. 49 Restrictive Practices (Groceries) Order, 1987.
136. Art. 50 Protections for person reporting breaches of Act.
137. Art. 51 Amendment of Industrial and Provident Societies Act, 1893.
138. Art. 52 Regulations and orders.
139. Art. 53 Expenses.
140. Art. 54 Provision with respect to fees payable under this Act.
141. Art. 55 Saving and transitional provisions.
142. Art. 55A Non-applicability of limitation periods to certain actions