Mergers, Take-Overs and Monopolies (Control) Act, 1978

Provisions relating to orders under section 9 or 11.

13.—(1) (a) It shall be lawful for a court of competent jurisdiction to grant an injunction on the motion of the Minister or of any other person to enforce compliance with the terms of an order under section 9 or 11 for the time being in force.

(b) This subsection shall not affect any other right of the Minister or other person to bring proceedings (whether civil or criminal) for the enforcement of compliance with the terms of an order under section 9 or 11.

(2) A person who contravenes (whether by act or omission) a provision of an order under section 9 or 11 for the time being in force shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 (together with, in the case of a continuing offence, a fine not exceeding £100 for every day on which the offence is continued) or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £5,000 (together with, in the case of a continuing offence, a fine not exceeding £500 for every day on which the offence is continued) or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(3) (a) Where a person is convicted of an offence under this section by reason of his failure, neglect or refusal to comply with a provision in an order requiring him to perform a specified act within a specified period or before a specified date, and the act remains, after the date of conviction, unperformed by him, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100, or on conviction on indictment to a fine not exceeding £500, for each day, after the date of the first-mentioned conviction, on which the act remains unperformed by him or, at the discretion of the court, to imprisonment for a term not exceeding six months.

(b) An offence under this section shall be a continuing offence and, accordingly, fresh proceedings in respect thereof may be taken from time to time.

(4) Every person who aids, abets or assists another person, or conspires with another person, to do anything (whether by way of act or of omission), the doing of which is an offence by virtue of subsection (2) or (3) shall himself be guilty of an offence under this section and shall be liable on conviction to the penalties specified in subsection (2) or (3).

(5) (a) Summary proceedings in relation to an offence under this section may be prosecuted by the Minister.

(b) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this section may be instituted within twelve months from the latest day on which the offence was committed.

(6) Where an offence under this section which is committed by a body corporate or by a person purporting to act on behalf of a body corporate or an unincorporated body of persons is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person who is a director, manager, secretary, member of the committee of management or other controlling authority of any such body, or who is any other similar officer of any such body, that person shall also be guilty of the offence and shall be liable to be proceeded against and punished accordingly.