Competition (Amendment) Act 2006

Competition (Amendment) Act 2006 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 Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2006 Competition (Amendment) Act 2006 Competition (Amendment) Act 2006 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 4 of 2006 COMPETITION (AMENDMENT) ACT 2006 ARRANGEMENT OF SECTIONS Section 1. Amendment of Competition Act 2002 by inserting new Part 2A. 2. Amendment of section 30 of Competition Act 2002. 3. Amendment of section 45 of Competition Act 2002. 4. Revocation of Groceries Order. 5. Repeals. 6. Short title, collective citation and commencement. SCHEDULE Enactments Repealed Acts Referred to Competition Act 2002 2002, No. 14 Interpretation Act 2005 2005, No. 23 Restrictive Practices Act 1972 1972, No. 11 Restrictive Practices (Confirmation of Order) Act 1975 1975, No. 15 Restrictive Practices (Confirmation of Order) Act 1978 1978, No. 11 Restrictive Practices (Confirmation of Order) Act 1979 1979, No. 14 Restrictive Practices (Confirmation of Order) Act 1980 1980, No. 19 Restrictive Practices (Confirmation of Order) Act 1981 1981, No. 4 Restrictive Practices (Confirmation of Order) Act 1987 1987, No. 23 Restrictive Practices (Confirmation of Orders) Act 1974 1974, No. 4 Restrictive Practices (Confirmation of Order) (No. 2) Act 1978 1978, No. 12 Restrictive Practices (Confirmation of Order) (No. 2) Act 1980 1980, No. 38 Restrictive Practices (Confirmation of Order) (No. 2) Act 1981 1981, No. 7 Restrictive Practices (Confirmation of Order) (No. 3) Act 1978 1978, No. 31 Restrictive Trade Practices (Confirmation of Order) Act 1956 1956, No. 15 Restrictive Trade Practices (Confirmation of Order) Act 1960 1960, No. 20 Restrictive Trade Practices (Confirmation of Order) Act 1963 1963, No. 6 Restrictive Trade Practices (Confirmation of Order) Act 1966 1966, No. 11 Restrictive Trade Practices (Confirmation of Order) Act 1969 1969, No. 28 Restrictive Trade Practices (Confirmation of Order) Act 1972 1972, No. 18 Restrictive Trade Practices (Confirmation of Orders) Act 1958 1958, No. 31 Restrictive Trade Practices (Confirmation of Orders) Act 1962 1962, No. 16 Restrictive Trade Practices (Confirmation of Orders) Act 1972 1972, No. 8 Restrictive Trade Practices (Confirmation of Order) (No. 2) Act 1956 1956, No. 16 Restrictive Trade Practices (Confirmation of Order) (No. 2) Act 1962 1962, No. 30 Restrictive Trade Practices (Confirmation of Order) (No. 3) Act 1956 1956, No. 33 Number 4 of 2006 COMPETITION (AMENDMENT) ACT 2006 AN ACT TO AMEND THE COMPETITION ACT 2002 BY PROVIDING, IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROHIBITION OF ACTIVITIES WHICH PREVENT, RESTRICT OR DISTORT COMPETITION IN TRADE IN GROCERY GOODS IN THE STATE, TO REVOKE THE RESTRICTIVE PRACTICES (GROCERIES) ORDER 1987 AND TO REPEAL THE RESTRICTIVE PRACTICES (CONFIRMATION OF ORDER) ACT 1987 AND OTHER RELATED AND SPENT ACTS. [11th March, 2006] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Amendment of Competition Act 2002 by inserting new Part 2A. 1.— The Competition Act 2002 is amended by inserting the following Part after Part 2: “PART 2A Competition in Grocery Goods Trade Definitions and operation of this Part. 15A.— (1) In this Part— ‘ allowance ’ includes any discount, rebate, price concession or other advantage that is collateral to a sale or purchase of grocery goods but is not applied directly to the selling or purchase price; ‘ grocery goods ’ means any food or drink for human consumption that is intended to be sold as groceries, and includes— (a) any substance or thing sold or represented for use as food or drink for human consumption, (b) any substance or thing sold or represented for use as an additive, ingredient or processing aid in the preparation or production of food or drink for human consumption, and (c) intoxicating liquors; ‘ grocery goods undertaking ’ means, subject to subsections (2) and (3), an undertaking that is engaged for gain in the production, supply or distribution of grocery goods, whether or not the undertaking is engaged in the direct sale of those goods to the public; ‘ retailer ’ means a grocery goods undertaking that sells or resells grocery goods directly to the public. (2) For the purposes of this Part, an undertaking that produces, supplies or distributes an additive, ingredient or processing aid referred to in paragraph (b) of the definition of ‘grocery goods’ in subsection (1) is not a grocery goods undertaking unless the additive, ingredient or processing aid is intended to be sold by a retailer as an additive, ingredient or processing aid. (3) Subsection (2) applies only to the extent that the undertaking does not otherwise fall within the definition of ‘grocery goods undertaking’ in subsection (1). (4) For the avoidance of doubt, this Part does not apply to that part of an undertaking’s operation the business of which is to do any of the following: (a) serve or supply food or drink in the course of providing catering, restaurant or take-away services or any similar hospitality services; (b) serve or supply intoxicating liquor for consumption on the premises. (5) This Part operates without prejudice to Part 2. Anti-competitive conduct in grocery goods trading. 15B.— (1) Subject to subsection (5), a grocery goods undertaking shall not directly or indirectly attempt to compel or coerce another grocery goods undertaking, whether by threat, promise or any like means, to resell or advertise for resale any grocery goods at— (a) a price fixed directly or indirectly by the first mentioned grocery goods undertaking, or (b) a price above a minimum price fixed directly or indirectly by the first mentioned grocery goods undertaking. (2) Subject to subsection (5), a grocery goods undertaking shall not apply dissimilar conditions to equivalent transactions with any other grocery goods undertaking. (3) Subject to subsection (5), a grocery goods undertaking shall not directly or indirectly compel or coerce, whether by threat, promise or any like means, another grocery goods undertaking to make any payment or grant any allowance for the advertising or display of grocery goods. (4) Subject to subsection (5) and without limiting the generality of subsection (3), a retailer shall not directly or indirectly compel or coerce, whether by threat, promise or any like means, another grocery goods undertaking to make any payment or grant any allowance to the retailer in consideration of any of the following matters: (a) providing space for grocery goods within a new retail outlet on or within the first 60 days after its opening to the public; (b) providing space for grocery goods within a newly expanded or extended retail outlet on or within the first 60 days after the opening to the public of the expanded or extended part of the outlet; (c) providing space for grocery goods within a retail outlet on or within the first 60 days after its opening to the public under new ownership. (5) Conduct described in subsections (1) to (4) shall not be prohibited unless it has as its object or effect the prevention, restriction or distortion of competition in trade in any grocery goods in the State or in any part of the State. Right of action for breach of section 15B. 15C.— (1) Any person who is aggrieved in consequence of any conduct which is prohibited under section 15B shall have a right of action under this subsection for relief against any of the following: (a) any grocery goods undertaking which is or has at any material time been a party to the prohibited conduct; (b) any director, manager or other officer of such an undertaking, or a person who purported to act in any such capacity, who authorised or consented to, as the case may be, the prohibited conduct. (2) The Authority shall have a right of action under this subsection in respect of conduct which is prohibited under section 15B. (3) Subject to subsection (4), an action under subsection (1) or (2) may be brought in the Circuit Court or in the High Court. (4) Subsections (4) to (6), (8) and (9) of section 14 apply with the necessary changes for the purposes of an action under subsection (1) or (2) of this section and, for those purposes, a reference in subsections (4) to (6), (8) and (9) of section 14 to an action under subsection (1) or (2) of that section is to be read as a reference to an action under subsection (1) or (2) of this section, as the case may be.”. Amendment of section 30 of Competition Act 2002. 2.— Section 30(4)(b) of the Competition Act 2002 is amended by substituting “relief under section 14 or 15C” for “relief under section 14”. Amendment of section 45 of Competition Act 2002. 3.— Section 45 (13)(a) of the Competition Act 2002 is amended by substituting “under section 14 or 15C,” for “under section 14,”. Revocation of Groceries Order. 4.— (1) The Restrictive Practices (Groceries) Order 1987 ( S.I. No. 142 of 1987 ) is revoked. (2) The revocation of the order under subsection (1) of this section does not— (a) revive anything not in force or not existing immediately before the revocation, (b) affect the previous operation of the order or anything duly done or suffered under it or in relation to it, (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under or in relation to the order, (d) affect any penalty, forfeiture or punishment incurred in respect of any offence against or in relation to or contravention of or in relation to the order which was committed before the revocation, or (e) prejudice or affect any legal proceedings (civil or criminal) pending at the time of the revocation in respect of any such right, privilege, obligation, liability, offence or contravention. (3) Any legal proceedings (civil or criminal) in respect of— (a) a right, privilege, obligation or liability acquired, accrued or incurred under or in relation to the order referred to in subsection (1) of this section, (b) an offence against or in relation to that order, or (c) a contravention of or in relation to that order, may be instituted, continued or enforced, and any penalty, forfeiture or punishment in respect of an offence under paragraph (b) of this subsection or a contravention under paragraph (c) of this subsection may be imposed and carried out, as if the order had not been revoked. (4) This section operates without prejudice to section 27 of the Interpretation Act 2005 . Repeals. 5.— (1) The enactments referred to in the Schedule to this Act are repealed to the extent specified in the third column of that Schedule. (2) In so far as it is unrepealed, the Restrictive Practices Act 1972 is repealed. Short title, collective citation and commencement. 6.— (1) This Act may be cited as the Competition (Amendment) Act 2006 . (2) This Act and the Competition Act 2002 may be cited together as the Competition Acts 2002 and 2006. (3) This Act shall come into operation on such day or days as the Minister for Enterprise, Trade and Employment may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions. SCHEDULE Enactments Repealed Section 5 (1). Number and Year (1) Short Title (2) Extent of Repeal (3) No. 15 of 1956 Restrictive Trade Practices (Confirmation of Order) Act 1956 The whole Act No. 16 of 1956 Restrictive Trade Practices (Confirmation of Order) (No. 2) Act 1956 The whole Act No. 33 of 1956 Restrictive Trade Practices (Confirmation of Order) (No. 3) Act 1956 The whole Act No. 31 of 1958 Restrictive Trade Practices (Confirmation of Orders) Act 1958 The whole Act No. 20 of 1960 Restrictive Trade Practices (Confirmation of Order) Act 1960 The whole Act No. 16 of 1962 Restrictive Trade Practices (Confirmation of Orders) Act 1962 The whole Act No. 30 of 1962 Restrictive Trade Practices (Confirmation of Order) (No. 2) Act 1962 The whole Act No. 6 of 1963 Restrictive Trade Practices (Confirmation of Order) Act 1963 The whole Act No. 11 of 1966 Restrictive Trade Practices (Confirmation of Order) Act 1966 The whole Act No. 28 of 1969 Restrictive Trade Practices (Confirmation of Order) Act 1969 The whole Act No. 8 of 1972 Restrictive Trade Practices (Confirmation of Orders) Act 1972 The whole Act No. 18 of 1972 Restrictive Trade Practices (Confirmation of Order) Act 1972 The whole Act No. 4 of 1974 Restrictive Practices (Confirmation of Orders) Act 1974 The whole Act No. 15 of 1975 Restrictive Practices (Confirmation of Order) Act 1975 The whole Act No. 11 of 1978 Restrictive Practices (Confirmation of Order) Act 1978 The whole Act No. 12 of 1978 Restrictive Practices (Confirmation of Order) (No. 2) Act 1978 The whole Act No. 31 of 1978 Restrictive Practices (Confirmation of Order) (No. 3) Act 1978 The whole Act No. 14 of 1979 Restrictive Practices (Confirmation of Order) Act 1979 The whole Act No. 19 of 1980 Restrictive Practices (Confirmation of Order) Act 1980 The whole Act No. 38 of 1980 Restrictive Practices (Confirmation of Order) (No. 2) Act 1980 The whole Act No. 4 of 1981 Restrictive Practices (Confirmation of Order) Act 1981 The whole Act No. 7 of 1981 Restrictive Practices (Confirmation of Order) (No. 2) Act 1981 The whole Act No. 23 of 1987 Restrictive Practices (Confirmation of Order) Act 1987 The whole Act No. 14 of 2002 Competition Act 2002 Section 49 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais