Ireland (April 10, 2002)
From AntitrustWorldWiki
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. |
[edit] References
- ↑ The Irish Competition Authority website, http://www.tca.ie/.
