Competition (Amendment) Act 2022

Amendment of section 6 of Principal Act

6. Section 6 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) An undertaking that—

(a) enters into, or implements, an agreement,

(b) makes or implements a decision, or

(c) engages in a concerted practice,

that is prohibited by section 4(1) or by Article 101(1) of the Treaty on the Functioning of the European Union, and that—

(i) intentionally or recklessly acts to prevent, restrict or distort competition, or

(ii) intentionally or recklessly makes omissions having the effect of preventing, restricting or distorting competition,

shall be guilty of an offence.”,

and

(b) in subsection (2)—

(i) in paragraph (b), by the substitution of “sales,” for “sales, or”,

(ii) in paragraph (c), by the substitution of “customers, or” for “customers,”, and

(iii) by the insertion of the following paragraph after paragraph (c):

“(d) engage in bid-rigging.”.