Compensation The European Union (EU) has adopted rules allowing companies to receive full compensation for actual losses and lost profits that they suffer as a result of a cartel in their sector. Although Articles 101 and 102 of the Treaty on the Functioning of the European Union guarantee the right to full compensation, until now, its practical exercise has been difficult. The European Union (EU) […]
Notice on the conduct of settlement procedures It sets out the procedures and criteria for rewarding companies — through lower penalties — which admit to the European Commission that they have participated in an illegal cartel. It provides guidance for the legal and business communities. The anti-competitive behaviour prevents the single market from operating smoothly and is illegal under Article 101 of the Treaty on […]
National Authorities Directive (EU) 2019/1 empowering EU countries’ competition authorities to be more effective enforcers and to ensure the proper functioning of the EU’s internal market, The legislation: guarantees EU countries’ national competition authorities the necessary independence, resources and enforcement and fining powers that are necessary to tackle effectively agreements and practices by companies that restrict competition within their jurisdiction; applies specifically to when anti-competitive […]
Implementing EU competition rules The notice explains how the Commission applies: Regulation (EC) No 1/2003 (see summary); Regulation (EC) No 773/2004 (see summary). Annex 1 of the notice summarises the essence of the notice in the form of a flowchart. Procedure Investigative phase Cases of alleged anti-competitive behaviour may be: based on complaints from companies, natural and legal persons or EU governments; opened by the […]
Enforcement Mechanism There are a number of distinct methods by which competition law is enforced. Agreements in breach of competition law are void and have no effect. Third parties who suffer loss by reason of anti-competitive behaviour, they may take a civil claim for damages. Damages in a competition law case may be exemplary or punitive damages. This gives the incentive to take action. The […]
Authorised Officers Authorised officers are appointed by the Commission. They have the powers and functions under the Competition Acts and Consumer Protection Acts. It is an offence to obstruct or impede an authorised officer in the course of the performance of his duties. Failure to comply with a request without reasonable cause or supplying false or misleading information is an offence. The Commission may seek […]
Enforcement System The European system of enforcement of competition law is provided by EU Regulations. The Commission’s Competition Directorate is central to enforcement. It has significant powers and may impose very significant administrative fines. Enforcement will generally arise from an investigation, arising on foot of a complaint or by the authority acting its own initiative. The 2003 Regulation represented a significant modernisation of the competition […]
Establishment The Competition and Consumer Protection Act established the Competition and Consumer Protection Commission. It took over the functions of the Competition Authority and the National Consumer Agency. The Commission is independent in the performance of its function. The functions of the Competition Authority and the National Consumer Agency are consolidated into the new body. Its functions include the promotion of competition; the promotion and […]
Private Action The Competition Act 1991 (re-enacted in 2002) provides for a private right of action for breach of competition law, Private actions have not been commonly taken under the legislation to date. The Competition (Amendment) Act, 2012, provides for private enforcement for breach of both the domestic and EU prohibitions on anti-competitive behaviour. The domestic system of competition law does not provide for administrative […]