Irish competition law

Irish Competition Law is the Irish body of legal rules designed to ensure fairness and freedom in the marketplace. The main (but not the only) purpose of Irish competition law is to enhance consumer welfare. The key provisions of Irish competition law: (a) usually outlaw anti-competitive arrangements between businesses and economic operators (known as "undertakings"); (b) always outlaw the abuse of dominance by undertakings; (c) control certain mergers, acquisitions and joint ventures; and (d) control certain activities in the grocery sector.

Irish competition law is primarily statute-based with some judge-made rules (the so-called "common law"). The statute rules are embodied primarily in the Competition Act 2002 (which replaced the Competition Acts 1991-1996), the Competition (Amendment) Act 2006; the Competition (Amendment) Act 2012; and the Competition and Consumer Protection Act 2014.

Irish competition law is comparable to, but quite 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, abuse of dominance and the way in which breaches are punished) are substantial. So it is best to see Irish competition law as sui generis. For example, the Irish competition agency (the Competition and Consumer Protection Commission (the "CCPC")) may not impose fines while many competition agencies worldwide may do so.

Irish competition law is enforced by the courts (which have the power to find breaches, permit unannounced visits by the CCPC) and impose penalties), the CCPC (which has the power to institute investigations and take court actions) and private action by "aggrieved persons" (the latter do not have to be undertakings). Unlike many other competition agencies (such as the [European Commission]), the CCPC does not, and may not, have the power to impose fines; this is due to the Irish Constitution which limits the power to impose penalties and sanctions to the judicial system (i.e., the courts); some would argue that Irish competition law is a better system for having the filter of the CCPC having to make its case to the police (the Garda Siochana) and the Director of Public Prosecutions before cases are instituted with the extra protection of the judges and, in criminal cases, juries acting as a filter to ensure robust cases are taken.

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