Irish Competition Law

Irish Competition Law

Irish Competition Law is the Irish body of legal rules designed to ensure fairness and freedom in the marketplace. The key provisions of Irish competition law (a) usually outlaw anti-competitive arrangements between undertakings and associations of undertakings; (b) always outlaw the abuse of dominance by undertakings; (c) control certain mergers and acquisitions. The Competition Act, 2002, replaced the The Competition Act, 1991. It is comparable to, but different in certain key respects, from European Union competition law. There are some similarities to the anti-trust law of the United States of America but the differences (particularly in relation to merger control and the way in which breaches are punished) are substantial.

Irish competition law is derived from two primary sources: statues (Acts) enacted by the Irish Parliament (the Oireachtas) and common law (precedent of judicial decisions). It is suerpvised by the Competition Authority.

Relationship with EC Competition Law

Given the EU goals of an integrated, market economy EC Competition law has a heavy influence in national economic law.EC competition law has superiority Irish competition law, Irish law must not contradict or inhibit the operation of EC law, but it may outlaw things which are legal under EC law, or punish breaches more severely. It also exercises a persuasive force over the jurisprudence of Irish competition law. Due to the requirement of compliance with EC law and the similar understanding and goals, Irish Courts will examine cases and precedents in the European Courts to see how it has been interpreted or to ensure that they are consistent. EC competition law has jurisdiction over cases which affect inter-state trade in the Union.

Regulation 1/2003 of the European Commission "decentralised" the enforcement of competition law with a number of reforms designed to increase the enforcment of EC rules in national courts [ SCADPlus: Application of Articles 81 and 82 of the EC Treaty ] ] .


The law is enforced by the [ Irish Competition Authority] , who review mergers, and investigate cartels and abuse of dominance by undertakings. They can fine offenders, when can be appealed to the High Court. Private enforcement is also possible. An aggrieved party may sue the offender for damages under the Competition Act. However this facility has not been exercised much, possibly due to the difficulty of gathering evidence to prove such a breach. Regulation 1/2003 of the European Commission sought to increase private and public enforcement of EC rules in national courts to allow the commission to concentrate on bigger cases.

The Competition Authority operates a Cartel Immunity Programme which allows for immunity or leinency in sentencing for offenders which supply information to them that allows the prosecution of other breaches of the law [ [ The Competition Authority - Enforcing Competition Law - Cartel Immunity Programme ] ] . The rule mirrors the European Commission's Leniency policy.

Irish competition law also regulates certain mergers, acquisitions and joint ventures. Part III of the Competition Act 2002 provides that the Competition Authority must approve transactions which fall within the scope of Part III before they may be lawfully implemented.

While it is a small jurisdiction, Ireland has achieved considerable success in enforcing competition law by virtue of successful criminal prosecutions against various individuals and companies.

ee also

*List of Acts of the OireachtasThe Irish Competition Authority's website: []


* Vincent J G Power, Competition Law and Practice (Tottel)

* Alan J W McCarthy and Vincent J G Power, Competition Act 2002 (Tottel)

Wikimedia Foundation. 2010.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • Competition law theory — covers the strands of thought relating to competition law or antitrust policy. Contents 1 Classical perspective 2 Neo classical synthesis 3 Chicago School 4 Othe …   Wikipedia

  • Competition law — Antitrust redirects here. For the 2001 film, see Antitrust (film). For laws specific to the U.S., see United States antitrust law. Competition law Basic concepts …   Wikipedia

  • Competition law in the United Kingdom — United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However if the effect of a business …   Wikipedia

  • United Kingdom competition law — Competition law by country G 20 major economies Australia · Canada · China Japan · Russia · United Kingdom United States · European Union …   Wikipedia

  • European Community competition law — is one of the areas of authority of the European Union. Competition law, or antitrust as it is known in the United States, regulates the exercise of market power by large companies, governments or other economic entities. In the EU, it is an… …   Wikipedia

  • Law review — Not to be confused with judicial review. A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association.[1] The term is also used to describe the… …   Wikipedia

  • Law of the United Kingdom — The United Kingdom has three legal systems. [ [ 4003097 The UK has three legal systems, operating in England and Wales, Scotland and Northern Ireland ] ,, accesses 12… …   Wikipedia

  • Monopoly law — Being one of three categories of a competition law, a law regulating dominance and monopoly prevents firms from using their market power to damage the interests of consumers. Other two legal categories not covered here are collusion and cartel… …   Wikipedia

  • Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… …   Universalium

  • Irish War of Independence — Infobox Military Conflict conflict=Irish War of Independence, Interwar Period caption= The No.2 3rd Tipperary Brigade Flying Column during the war date=January 21, 1919 July 11, 1921 (though violence continued until July 1922) place=Ireland casus …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”