Ireland (April 10, 2002)

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Score = 20

Governed by: Competition Act, 2002 (hereinafter referred to as “Competition Act”).[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 Article 4(1) says that the prohibitions listed are meant to be applied to all actions that have an effect in Ireland.
Remedies Fines 1 Article 8 has guidelines for fining.
Prison Sentences 1 Article 8 allows imprisonment for some violations of Article 6.
Divestitures 1 Divestiture is allowed in the merger context. Art. 22(3)(c) allows the Authority to condition a merger on certain actions and Art. 26(2) allows the court it issue an injunction if the firms merge without satisfying the conditions.
Private Enforcement 3rd Party Initiation 1 Article 14 gives injured undertakings or individuals a right of action for breaches of competition rules.
Remedies Available to 3rd Parties 1 Article 14 gives injured undertakings or individuals a right of action for breaches of competition rules.
3rd Party Rights in Proceedings 1 Article 15 gives a right to appeal to the High Court to any concerned undertaking or any other person aggrieved by the ruling.
Merger Notification Voluntary 0
Mandatory 3 Article 18(1) requires notification of mergers.
Pre-merger 2 Article 18(1) states that firms must notify the Authority within one month of forming an agreement to merge. Moreover, Article 22(3) also implies that the notification must be pre-merger.
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 1 Article 22(3) says that the Authority must decide whether the merger will substantially lessen competition.
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 5(2)(b) prohibits limiting production, markets or development.
Abusive Acts 1 Article 5(1) prohibits abusive acts by dominant undertakings.
Price Setting 1 Article 5(2)(a) lists price setting as an abusive act.
Discriminatory Pricing 1 Article 5(2)(c) prohibits applying dissimilar conditions to equivalent transactions.
Resale Price Maintenance 0
Obstacles to Entry 0
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 4(1)(a) prohibits price fixing.
Tying 1 Article 4(1)(e) prohibits tying arrangements.
Market Division 0
Output Restraint 1 Article 4(1)(b) prohibits limiting or controlling production.
Market Sharing 1 Article 4(1)(c) prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 1 Article 4(5) gives an exemption to the 4(1) prohibitions for agreements that contribute to improving the production or distribution of goods or promotes technical or economic progress.

References

  1. The Irish Competition Authority website, http://www.tca.ie/.