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Table of Contents
Competition Act, 2002 (No. 14)Introductory TextActs Referred toPart 1 Preliminary and General (ss. 1-3)1. Short title.2. Commencement.3. Interpretation.Part 2 Competition Rules and Enforcement (ss. 4-15)4. Anti-competitive agreements, decisions and concerted practices.5. Abuse of dominant position.6. Offence in respect of breach of section 4(1) or Article 81(1) of the Treaty.7. Offence in respect of breach of section 5(1) or Article 82 of the Treaty.7A. Limitation of certain prosecutions7B. Defences - administrative proceedings8. Penalties and proceedings in relation to offences under section 6 and 7.9. Provisions as respects expert evidence.10. Provision of information to juries.11. Trial of persons for certain offences by Central Criminal Court.12. Presumptions.13. Admissibility of statements contained in certain documents.14. Right of action for breaches of competition rules.14A. Right of action of competent authority.14B. Applications to High Court for orders in relation to certain agreements.15. Appeal to High Court against declaration under section 4(3).Part 2A Competition in Grocery Goods Trade (ss. 15A-15C)15A. Definitions and operation of this Part.15B. Anti-competitive conduct in grocery goods trading.15C. Right of action for breach of section 15B.Part 2B Application of section 4 to collective bargaining and agreements in respect of certain categories of workers (ss. 15D-15F)15D. Definitions.15E. Collective bargaining and agreements in respect of certain categories of workers.15F. Prescribed relevant category of self-employed worker.Part 2C Investigations (ss. 15G-15N)15G. Conduct of certain investigations15H. Prohibition notice15I. Appeal against prohibition notice15J. Ending of effect of prohibition notice15K. Choice of enforcement mechanism15L. Statement of objections15M. Referral15N. Withdrawal of referralPart 2D Adjudication Officers (15O-15AG)15O. Appointment of adjudication officers15P. Independence of adjudication officers15Q. Regulations for appointment and independence of adjudication officers15R. Appointment of assistants to adjudication officers15S. Effect of appointment of an adjudication officer upon terms of employment or contract15T. Division of adjudication officers15U. Action by adjudication officer after receiving referral15V. Admissibility of evidence and rules for oral hearings15W. Powers and offences15X. Decision by the adjudication officer15Y. Notice of decision15Z. Structural or behavioural remedies15AA. Administrative financial sanctions15AB. Calculation of administrative financial sanctions15AC. Maximum amount of administrative financial sanctions15AD. Periodic penalty payments15AE. Commitments15AF. Guidelines15AG. Conduct of investigationsPart 2E Leniency Programme (ss. 15AH-15AP)15AH. Definitions (Part 5)15AI. Immunity from administrative financial sanctions15AJ. Reduction of administrative financial sanctions15AK. General conditions for leniency15AL. Form of leniency statements15AM. Markers for applications for leniency from administrative financial sanctions15AN. Summary applications for leniency15AO. Relationship between applications for immunity from administrative financial sanctions and sanctions on natural persons15AP. Leniency programme for other infringementsPart 2F Mutual Assistance (ss. 15AQ-15AU)15AQ. Cooperation with other competition authorities15AR. Requests for the notification of preliminary objections and other documents15AS. Requests for the enforcement of decisions imposing administrative financial sanctions or periodic penalty payments15AT. General principles of cooperation15AU. Disputes concerning requests for notification or enforcement of decisions imposing administrative fines or periodic penalty paymentsPart 2G Procedural Provisions (ss. 15AV-15AX)15AV. Access to file by parties and limitations on the use of information15AW. Admissibility of evidence before national competent authorities15AX. Confidentiality ringsPart 2H Appeals, Confirmations and Judicial Review (ss. 15AY-15AAE)15AY. Appeal against certain decisions15AZ. Court confirmation of decision on certain administrative sanctions15AAA. Judicial review15AAB. Appeals to the Court of Appeal15AAC. Conduct of proceedings15AAD. Treatment of amounts paid in respect of administrative financial sanctions15AAE. Recovery of amounts of administrative financial sanctions and periodic penalty payments duePart 3 Mergers and Acquisitions (ss. 16-28)16. Mergers and acquisitions for the purposes of Act.17. Application of sections 18 to 22.18. Obligation to notify certain mergers and acquisitions.18A. Power to require notification of below threshold mergers or acquisitions18B. Power to impose interim measures in respect of certain mergers and acquisitions19. Limitation on merger or acquisition being put into effect.20. Examination by the Authority of notification.21. Determination of issues concerned without full investigation, etc.22. Determination of issues concerned on foot of full investigation.23. Provisions with regard to media mergers.24. Appeal to the High Court against determination of the Authority.25. Laying of order under section 23(4) before Houses of the Oireachtas.26. Enforcement of certain commitments, determinations and orders.27. Alteration of certain monetary amounts.28. Relationship between this Part and other enactments.Part 3A Media Mergers (ss. 28A-28O and draft 28P)28A. Interpretation and application.Draft 28AA. Carrying on a media business in the State.28B. Notification of media merger to Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.Draft 28BA. Coimisiún na Meán may require notification.Draft 28BB. Coimisiún na Meán may be informed of certain mergers or acquisitions.Draft 28BC. Withdrawal of notification.28C. Limitation on media merger being put into effect.Draft 28CA. Examination by Coimisiún na Meán.28D. Initial examination by Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media of media merger notification.28E. Full media merger examination.28F. Advisory panel.28G. Determination of Minister for Culture, Heritage and the Gaeltacht after full media merger examination.28H. Review of conditions in determination under section 28G(1)(c).Draft 28HA. Appeal.28I. Enforcement of certain determinations.28J. Limitation of judicial review of determination.28K. Fees.28L. Guidelines.28M. Report and research.28N. Sharing of information and documents and disclosure of confidential information.28O. Expenses in administration of Part.Draft 28P. Grants to Coimisiún na MeánPart 4 The Competition Authority (ss. 29-47)29. The Competition Authority.30. Functions of the Authority.31. Investigations of the Authority - general provisions.32. Prohibition on unauthorised disclosure of information.33. Strategic plans and work programmes.34. Provisions for co-operation between the Authority and statutory bodies.35. Membership.36. Disqualification.37. Meetings and business.38. Functions and accountability of chairperson.39. Staff.40. Seal of the Authority.41. Accounts and audits.42. Annual report.43. Grants and borrowing powers.44. Superannuation.45. Authorised officers and their powers.46. Relationship of Authority with foreign competition bodies.47. Power to disclose certain information relating to offences under this Act.Part 4A Performance of Functions of Commission Under this Act (ss. 47A-47H)47A. Function of the Commission to investigate complaints relating to the electronic communications market.47B. Delegation of functions of Commission.47C. Commission to notify Authority before acting under this Act.47D. Responsibilities of Authority with respect to notifying existence of certain agreements, decisions, practices and abuses.47E. Authority and Commission to make every effort to settle disputed questions.47F. Undertaking not liable to be prosecuted by both Authority and Commission for same offence.47G. Co-operation agreement between Authority and the Commission with respect to performing their respective functions under this Act.47H. Liability of competent authority and associated persons and indemnity for associated personsPart 5 Miscellaneous (ss. 48-55A)48. Repeals.49. Restrictive Practices (Groceries) Order, 1987.50. Protections for person reporting breaches of Act.51. Amendment of Industrial and Provident Societies Act, 1893.52. Regulations and orders.53. Expenses.54. Provision with respect to fees payable under this Act.55. Saving and transitional provisions.55A. Non-applicability of limitation periods to certain actionsSchedule 1 Statutory Bodies and their responsible Ministers of the GovernmentSchedule 2 Saving and Transitional ProvisionsSchedule 3 Redress for Contravention of Section 50(3)Schedule 4 Relevant categories of self-employed worker
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AI Summary of 8. Penalties and proceedings in relation to offences under section 6 and 7.
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8. Penalties and proceedings in relation to offences under section 6 and 7.
(1) An undertaking guilty of an offence under section 6 (being an offence involving an agreement, decision or concerted practice to which subsection (2) of that section applies) shall be liable -
(a) on summary conviction -
(i) in the case of an undertaking that is not an individual, to a class A fine, or
(ii) in the case of an individual, to such a fine or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment,
(b) on conviction on indictment -
(i) in the case of an undertaking that is not an individual, to a fine not exceeding the greater of €50,000,000, or 20 per cent of the turnover of the undertaking in the financial year ending in the 12 months prior to the conviction, or