Competition (Amendment) Act 2022

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Number 12 of 2022


COMPETITION (AMENDMENT) ACT 2022


CONTENTS

PART 1

Preliminary and general

Section

1. Short title, collective citation, construction and commencement

2. Definitions

3. Transitional provisions

PART 2

Amendments to Principal Act - relevant competition law

4. Amendment of section 3 of Principal Act

5. Amendment of section 4 of Principal Act

6. Amendment of section 6 of Principal Act

7. Amendment of section 7 of Principal Act

8. Limitation of certain prosecutions

9. Amendment of section 8 of Principal Act

10. Amendment of section 9 of Principal Act

11. Amendment of section 12 of Principal Act

12. Repeal of sections 13 and 14B of Principal Act

13. Insertion of Parts 2C to 2H into Principal Act

PART 3

Miscellaneous amendments to Principal Act

14. Amendment of section 18 of Principal Act

15. Insertion of sections 18A and 18B into Principal Act

16. Amendment of section 19 of Principal Act

17. Amendment of section 20 of Principal Act

18. Amendment of section 22 of Principal Act

19. Amendment of section 47B of Principal Act

20. Amendment of section 47E of Principal Act

21. Insertion of section 47H in Principal Act

22. Amendment of section 52 of Principal Act

23. Non-applicability of limitation periods to certain actions

PART 4

Amendments to Act of 2014

24. Amendment of section 2 of Act of 2014

25. Amendment of section 10 of Act of 2014

26. Amendment of section 18 of Act of 2014

27. Amendment of section 20 of Act of 2014

28. Amendment of section 24 of Act of 2014

29. Amendment of section 25 of Act of 2014

30. Amendment of section 27 of Act of 2014

31. Amendment of section 33 of Act of 2014

32. Amendment of section 34 of Act of 2014

33. Amendment of section 37 of Act of 2014

34. Requests for information relating to investigations

PART 5

Surveillance

35. Surveillance

PART 6

Amendment of Communications Regulation Act 2002

36. Amendment of section 34 of Communications Regulation Act 2002

37. Amendment of section 39 of Communications Regulation Act 2002

38. Amendment of section 38D of Communications Regulation Act 2002

39. Requests for information relating to investigations

40. Amendment of section 40 of Communications Regulation Act 2002

41. Insertion of sections 40A and 40B in Communications Regulation Act 2002

PART 7

Amendment of Consumer Protection Act 2007

42. Amendment of Consumer Protection Act 2007

PART 8

Amendment of National Standards Authority of Ireland Act 1996

43. Amendment of section 12 of National Standards Authority of Ireland Act 1996


Acts Referred to

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13)

Communications Regulation Act 2002 (No. 20)

Competition Act 2002 (No. 14)

Competition Acts 2002 to 2017

Competition and Consumer Protection Act 2014 (No. 29)

Consumer Protection Act 2007 (No. 19)

Criminal Justice (Surveillance) Act 2009 (No. 19)

Criminal Justice Act 1984 (No. 22)

Criminal Law Act 1976 (No. 32)

European Communities Act 1972 (No. 27)

National Standards Authority of Ireland Act 1996 (No. 28)

Statute of Limitations (Amendment) Act 1991 (No. 18)

Statute of Limitations 1957 (No. 6)

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Number 12 of 2022


COMPETITION (AMENDMENT) ACT 2022


An Act to give effect to the implementation of Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 20181 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market; for that purpose to provide for a system of non‑criminal enforcement of certain provisions of competition law, including the appointment and empowerment of independent adjudication officers, and the issuing of prohibition notices in response to certain suspected infringements of competition law; to provide for a system of enforcement and non-criminal penalties in relation to certain breaches of competition law, including by the imposition of non-criminal structural and behavioural remedies and certain non-criminal financial sanctions, and to provide for processes by which such non-criminal sanctions may be appealed, remitted or confirmed by the High Court; to provide for a leniency programme in relation to certain undertakings; to provide for cooperation between competition authorities in the European Union and certain bodies in the State; to increase the penalties for certain criminal offences for breach of competition law; to provide additional powers of surveillance to the Competition and Consumer Protection Commission in relation to the investigation of certain criminal offences; to amend certain provisions relating to the procedure for notifying mergers to the relevant authorities; to make provision relating to the period of time within which certain proceedings relating to competition law may be brought; to make further provision regarding the power of the National Standards Authority of Ireland to charge fees in respect of certain matters; for those and other purposes to amend the Competition Act 2002 , the Competition and Consumer Protection Act 2014 , the Communications Regulation Act 2002 , the Consumer Protection Act 2007 , the National Standards Authority of Ireland Act 1996 and the Criminal Justice (Surveillance) Act 2009 ; and to provide for related matters.

[29th June, 2022]

Be it enacted by the Oireachtas as follows:

1 OJ No. L 11 14.1.2019, p. 3