Competition (Amendment) Act, 1996
|
Penalties, proceedings, etc., in relation to offences under section 2 . |
3.—(1) An undertaking guilty of an offence under section 2 of this Act shall be liable— | |
(a) on summary conviction— | ||
(i) to a fine not exceeding £1,500, or | ||
(ii) in the case of an individual, to such a fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment, | ||
(b) on conviction on indictment— | ||
(i) to a fine not exceeding whichever of the following amounts is the greater, namely, £3,000,000 or 10 per cent. of the turnover of the undertaking in the financial year ending in the 12 months prior to the conviction, or | ||
(ii) in the case of an individual, to a fine not exceeding whichever of the following amounts is the greater, namely, £3,000,000 or 10 per cent. of the turnover of the individual in the financial year ending in the 12 months prior to the conviction or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment. | ||
(2) If the contravention in respect of which an undertaking is convicted in summary proceedings of an offence under section 2 of this Act is continued after the conviction, the undertaking shall be guilty of a further offence on every day on which the contravention continues and for each such offence the undertaking shall be liable, on summary conviction, to a fine not exceeding £1,500. | ||
(3) (a) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under section 2 of this Act in proceedings brought by the Authority, it shall, on the application of the Authority (made before the time of such imposition, affirmation or variation), provide by order for the payment of the amount of the fine to the Authority and such payment may be enforced by the Authority as if the payment were due to it on foot of a decree or order made by the court in civil proceedings. | ||
(b) The amount of any fine paid to, or recovered by, the Authority under this subsection shall be disposed of by it in such manner as the Minister for Finance directs. | ||
(4) (a) Where an offence under section 2 of this Act has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to, by a person, being a director, manager, or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(b) Where a person is proceeded against as aforesaid for such an offence and it is proved that, at the material time, he or she was a director, manager or other similar officer of the undertaking concerned, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is proved, that that person consented to the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under section 2 of this Act. | ||
(c) Where the affairs of a body corporate are managed by its members, this subsection shall apply in relation to the acts or defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate. | ||
(5) The Authority or an authorised officer appointed under section 20 of the Principal Act may carry out an investigation into any contravention of subsection (2), (5) or (7) of section 2 of this Act that the Authority or the authorised officer suspects has occurred or is occurring. | ||
(6) (a) Summary proceedings for an offence under section 2 of this Act may be brought by the Minister or the Authority. | ||
(b) An action under section 6 of the Principal Act may be brought whether or not there has been a prosecution for an offence under section 2 of this Act in relation to the matter concerned and such an action shall not prejudice the initiation of a prosecution for any such offence. | ||
(c) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under section 2 of this Act may be instituted within 2 years from the date of the offence. | ||
(7) In this section “turnover” does not include any payment in respect of value-added tax on sales or the provision of services or in respect of duty of excise. |