S.I. No. 461/2006 - Rules of the Superior Courts (Competition) 2006


S.I. No.461 of 2006

Rules of the Superior Courts (Competition) 2006

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 13th day of July, 2006.

John L Murray

Richard Johnson

Tony Hunt

Patrick O'Connor

Patrick Groarke

Matthew Feely

Noel Rubotham

I concur in the making of the following Rules of Court.

Dated this 29th day of August, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.461 of 2006

Rules of the Superior Courts (Competition) 2006

1.         The Rules of the Superior Courts are hereby amended by the substitution in rule 1 of Order 63B for the definition of “competition proceedings” of the following:

““competition proceedings” means:

(a)  proceedings in exercise of a right of action conferred by section 14(1) of the Act on a person aggrieved in consequence of any agreement, decision, concerted practice or an abuse which is prohibited under section 4 or 5 of the Act;

(b)  proceedings in exercise of a right of action conferred by section 14(2) of the Act on the Authority in respect of an agreement, decision or concerted practice or an abuse which is prohibited under section 4 or 5 or by Article 81 or 82 of the Treaty;

(c)  proceedings in exercise of a right of action conferred by section 15C(1) of the Act on a person aggrieved in consequence of any conduct which is prohibited under section 15B of the Act;

(d)  proceedings in exercise of a right of action conferred by section 15C(2) of the Act on the Authority in respect of conduct which is prohibited under section 15B of the Act;

(e)  an appeal against the making of a declaration by the Authority under section 4(3) of the Act;

(f)  an appeal against any determination of the Authority under paragraph (b) or (c of section 22(3) of the Act other than a determination made in relation to a media merger not having effect by virtue of section 23(9) or 25(2) of the Act;

(g)  proceedings for judicial review of a decision of the Authority;

(h)  proceedings for an injunction to enforce compliance with the terms of a commitment or determination, or of an order made by the Minister for Enterprise Trade and Employment under section 23(4) of the Act for the time being in force;

(i)  proceedings seeking the application of Article 81 or 82 of the Treaty;

(j)  proceedings for relief at common law in respect of a condition or covenant in any agreement alleged to be unreasonably in restraint of trade;

(k)  any other proceedings which concern the application of a provision of the Act of the Regulation or of Articles 81, 82, 86, 87 or 88 of the Treaty.”

2.    These Rules shall come into operation on the 26th day of September, 2006.

3.    These Rules shall be construed together with the Rules of the Superior Courts 1986 to 2006 and may be cited as the Rules of the Superior Courts (Competition) 2006.

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These rules extend the definition of “competition proceedings” in Order 63B to include the categories of proceedings referred to in section15C of the Competition Act 2002 as amended/ as inserted by section1of the Competition (Amendment) Act 2006 .