Competition Act, 2002

Provisions for co-operation between the Authority and statutory bodies.

34.—(1) There shall, as soon as practicable after the commencement of this section, be entered into between the Authority and every one of the statutory bodies one or more agreements for the purposes of—

(a) facilitating co-operation between the Authority and the statutory bodies in the performance of their respective functions in so far as they relate to issues of competition between undertakings,

(b) avoiding duplication of activities by the Authority and any of the statutory bodies, being activities involving the determination of the effects on competition of any act done, or proposed to be done, and

(c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Authority and the statutory bodies in so far as any part of those decisions or steps consists of or relates to a determination of any issue of competition between undertakings,

and each such agreement that is entered into is referred to in this section as a “co-operation agreement”.

(2) It shall not be necessary, for the purposes of subsection (1), that the same statutory bodies be party to each agreement entered into with the Authority in pursuance of that subsection.

(3) A co-operation agreement shall include—

(a) a provision enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions,

(b) a provision enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter, and

(c) a provision requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues of competition between undertakings that are identical to one another or fall within the same category of such an issue, being a category specified in the agreement.

(4) A co-operation agreement may be varied by the parties concerned.

(5) The Minister and the relevant Minister or Ministers shall, within 6 months after the commencement of this section, each be furnished by one of the parties concerned with a copy of every co-operation agreement that has been entered into.

(6) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as practicable after the making of the agreement or variation, notice of its making shall be published by the parties in such manner as they think fit.

(7) Such a notice shall state that a copy of the agreement concerned (including the agreement as varied) may be inspected at such place, or by such means as is specified in the notice and that a copy of the agreement may be purchased from the parties in such manner as is so specified (and a copy of the agreement shall, accordingly, be made available for such inspection and be made available for such purchase (at a cost not exceeding the reasonable cost of making a copy or, where appropriate, such cost and the amount of any postage involved)).

(8) Without prejudice to subsection (9), nothing in any enactment shall be construed as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.

(9) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (3)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

(10) A failure by the Authority or a statutory body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

(11) The Minister may, after consultation with the other Minister of the Government concerned, by order—

(a) amend column (1) of Schedule 1 by adding to, or deleting from, that column any person, and

(b) in consequence of that amendment, amend column (2) of that Schedule by adding to, or deleting from, that column the title of a Minister of the Government, being the Minister of the Government who has responsibility for the first-mentioned person.

(12) In this section—

“issue of competition between undertakings” includes an issue of competition between undertakings that arises generally in the sector or sectors of activity in relation to which the Authority or the statutory body may exercise powers and such an issue that falls, or could fall, to be the subject of the exercise by the Authority or the statutory body of powers in particular circumstances;

“party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are 2 or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate;

“relevant Minister” means the Minister of the Government specified in column (2) of Schedule 1 opposite the mention in column (1) of that Schedule of a person who is a party to a co-operation agreement proposed to be notified under subsection (5).