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, […]
Category: Enforcement
Settlement [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 […]
National Enforcement [EU]
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 […]
EU Commission Enforcement [EU]
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, […]
Competiton Enforcement
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 […]
Domestic Enforcement
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 […]
EU Competition Enforcement
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 CCPC
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. […]
Private Enforcement
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 […]