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Competition Act, 2002

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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

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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: