Competition (Amendment) Act 2012
In short
This law amends the Competition Act 2002 and the Companies Act 1990 to strengthen competition regulation. It primarily focuses on increasing penalties for anti-competitive practices and expanding the powers of the competent authority to enforce competition law.
What it regulates
- Penalties for competition offenses, including fines and imprisonment terms.
- The types of relief that can be granted in actions against anti-competitive agreements or abuse of dominant positions.
- The right of action for the competent authority against undertakings and their officers involved in prohibited practices.
- Applications to the High Court for orders related to agreements between the competent authority and undertakings.
Who it concerns
- Undertakings (businesses) involved in anti-competitive agreements, decisions, concerted practices, or abuse of a dominant position.
- Directors, managers, or other officers of such undertakings who authorized or consented to these practices.
Key points
- Maximum fines for certain offenses are increased from €4,000,000 to €5,000,000.
- Maximum imprisonment terms for certain offenses are increased from 5 years to 10 years.
- The Probation of Offenders Act 1907 does not apply to offenses under sections 6 or 7 of the Principal Act.
- Courts can order convicted persons to pay the competent authority's costs for investigation, detection, and prosecution of offenses.
Legal text
Act 2012 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag
rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2012 Competition (Amendment) Act 2012 Competition (Amendment) Act 2012 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 18 of 2012 COMPETITION (AMENDMENT) ACT 2012 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Amendment of section 8 of Principal Act. 3. Amendment of section 14 of Principal Act. 4. Right of action of competent authority. 5. Applications to High Court for
ders in relation to certain agreements.
- Amendment of section 30 of Principal Act.
- Amendment of section 45 of Principal Act.
- Res judicata.
- Amendment of section 160 of Companies Act
- Short title, commencement, collective citation and construction. Acts Referred to Companies Act 1990 1990, No. 33 Competition Act 2002 2002, No. 14 Competition Acts 2002 to 2010 Probation of Offenders Act 1907 7 Edw. 7, c.17 Number 18 of 2012 COMPETITION (AMENDMENT) ACT 2012 AN ACT TO AMEND THE COMPETITION ACT 2002; TO AMEND THE COMPANIES ACT 1990; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [20th June, 2012] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.— In this Act “Principal Act” means the Competition Act 2002 . Amendment of section 8 of Principal Act. 2.— Section 8 of the Principal Act is amended— (a) in paragraph (a) of subsection
- i)the substitution of “€5,000,000” for “€4,000,000” in each place that it occurs, and (
- ii)the substitution of “10 years” for “5 years”, (
- c)in paragraph (
- a)of subsection
- i)the substitution of the following subparagraph for subparagraph (i): “(
- i)in paragraph (a), ‘class E fine’ were substituted for ‘class A fine’ and references to imprisonment were disregarded, and”, and (
- ii)the substitution of “€50,000” for “€40,000” in sub-paragraph (ii)(I), (
- f)in paragraph (
- b)of subsection
- i)the substitution of the following subparagraph for subparagraph (i): “(
- i)in paragraph (a), ‘class E fine’ were substituted for ‘class A fine’, and”, and (
- ii)the substitution of “€50,000” for “€40,000” in sub-paragraph (ii), (
- g)in subsection
section 14A” for “section 14”, and (h) by the insertion of the following subsections: “(11A) Section 1
7. (11B) Where a person is convicted of an offence under this Act the court shall
der the person to pay to the relevant competent authority a sum equal to the costs and expenses, measured by the court, incurred by that competent authority in relation to the investigation, detection and prosecution of the offence, unless the court is satisfied that there are special and substantial reasons for not so doing. (11C) Any sum paid to the competent authority pursuant to an
der under subsection (11B) shall be disposed of by that competent authority in such manner as the Minister for Public Expenditure and Reform directs.”. Amendment of section 14 of Principal Act. 3.— Section 14 of the Principal Act is amended by— (a) the substitution, in subsection
5,
by Article 101
102 of the Treaty on the Functioning of the European Union,” for “prohibited under section 4
5”, (b) the deletion of subsection
any of them, may be granted to the plaintiff in an action under subsection
any of them, may be granted to the plaintiff in an action under subsection
- e)the substitution, in paragraph (
- a)of subsection
5
Article 101
102 of the Treaty on the Functioning of the European Union that has ceased)” for “declaration”, (f) the deletion of subsection
Article 102
of the Treaty on the Functioning of the European Union, abused a dominant position, the Court may, by
der, either— (a) require the undertaking to discontinue the abuse,
(
- b)require the undertaking to adopt such measures for the purpose of— (
- i)its ceasing to be in a dominant position,
(ii) securing an adjustment of that position, as may be specified in the
der (including measures consisting of the sale of assets of the undertaking) within such period as may be so specified.”, (h) the deletion, in subsection
- a)an interim injunction, (
- b)an interlocutory injunction,
(c) an injunction of definite
indefinite duration.”. Right of action of competent authority. 4.— The Principal Act is amended by the insertion of the following new section: “14A.—
abuse that is prohibited under section 4
5,
by Article 101
102 of the Treaty on the Functioning of the European Union, have a right of action under this subsection for relief against either
both of the following: (a) any undertaking which is
has at any material time been a party to such an agreement, decision
concerted practice
has done any act that constituted such an abuse; (b) any director, manager
other officer of such an undertaking,
a person who purported to act in any such capacity, who authorised
consented to, as the case may be, the entry by the undertaking into,
the implementation by it, of the agreement
decision, the engaging by it in the concerted practice
the doing by it of the act that constituted the abuse.
in the High Court.
declaration (including a declaration in respect of a contravention of section 4
5
Article 101
102 of the Treaty on the Functioning of the European Union that has ceased) may be granted to the competent authority in an action under subsection
Article 102
of the Treaty on the Functioning of the European Union, abused a dominant position, the Court may, by
der either— (a) require the undertaking to discontinue the abuse,
(
- b)require the undertaking to adopt such measures for the purpose of— (
- i)its ceasing to be in a dominant position,
(ii) securing an adjustment of that position, as may be specified in the
der (including measures consisting of the sale of assets of the undertaking) within such period as may be so specified.
- a)an interim injunction, (
- b)an interlocutory injunction,
(c) an injunction of definite
indefinite duration.”. Applications to High Court for
ders in relation to certain agreements. 5.— The Principal Act is amended by the insertion of the following section: “14B.—
- a)following an investigation referred to in paragraph (
- b)of subsection
refrain from doing such things as are specified in the agreement in consideration of the competent authority agreeing not to bring proceedings under section 14A (inserted by section 4 of the Competition (Amendment) Act 2012) in relation to any matter to which that investigation related
any findings resulting from that investigation.
der in the terms of an agreement to which this section applies if it is satisfied that— (a) the undertaking that is a party to that agreement consents to the making of the
der, (
- b)that undertaking obtained legal advice before so consenting, (
- c)the agreement is clear and unambiguous and capable of being complied with, (
- d)that undertaking is aware that failure to comply with any
der so made would constitute contempt of court, and (e) the competent authority has complied with subsection
der under subsection
- a)publish the terms of that agreement on a website maintained by the competent authority, and (
- b)publish a notice, in not fewer than 2 daily newspapers circulating throughout the State— (
- i)stating that it intends to make such application, (
- ii)specifying the date on which such application will be made, and (iii) stating— (I) that the agreement to which the proposed application relates is published, in accordance with paragraph (a), on a website maintained by it, and (II) the address of that website.
der under subsection
der,
(b) where an application is made to the High Court under subsection
der, until the making of a final determination in relation to that application.
the undertaking to which an
der under this section applies) made during the period referred to in paragraph (a) of subsection
der varying
annulling an
der under subsection
der was made requires the undertaking to which the
der applies to do
refrain from doing anything that would result in a breach of any contract between the undertaking concerned and the applicant
that would render a term of that contract not capable of being performed.
der under subsection
term of the contract to which the application for such
der relates contravenes section 4
5,
Article 101
102 of the Treaty on the Functioning of the European Union.
an undertaking to which an
der under subsection
der varying
annulling the first-mentioned
der if— (a) the party (other than the applicant for the
der) to the agreement to which the first-mentioned
der applies consents to the application, (b) the first-mentioned
der contains a material error, (c) there has been a material change in circumstances since the making of the first-mentioned
der that warrants the court varying
annulling the
der,
(d) the court is satisfied that, in the interests of justice, the first-mentioned
der should be varied
annulled.
der under subsection
der under subsection
der.
der under subsection
der extending the period of the first-mentioned
der (whether
not previously extended under this subsection) for a further period not exceeding 3 years.
- c)and (
- d)of subsection
records seized
obtained under that section before the commencement of this section. Res judicata. 8.—
5 of that Act,
Article 101
102 of the Treaty on the Functioning of the European Union, then, for the purposes of any subsequent proceedings (other than proceedings for an offence) under that Part, the finding shall be res judicata (whether
not the parties to the said subsequent proceedings are the same as the parties to the first-mentioned proceedings).
not that conviction is consequent upon a plea of guilty by an accused person. Amendment of section 160 of Companies Act 1990. 9.— Section 160 of the Companies Act 1990 is amended by— (a) the insertion, in subsection
5 of the Competition Act 2002
Article 101
102 of the Treaty on the Functioning of the European Union;
”, and (
- b)the insertion of the following subsection: “(6B) An application to which paragraph (
- hh)of subsection
days as the Minister for Jobs, Enterprise and Innovation may appoint by
der
ders either generally
with reference to any particular purpose
provision and different days may be so appointed for different purposes
provisions.