Kajrozga: New page: '''Score = 20''' ''Governed by:'' Competition Act, 2002 (hereinafter referred to as “Competition Act”), as amended March 11 2006 By Act No. 4 of 2006.The Irish Competition Author...

2008-01-10T22:28:03Z

New page: '''Score = 20''' ''Governed by:'' Competition Act, 2002 (hereinafter referred to as “Competition Act”), as amended March 11 2006 By Act No. 4 of 2006.<ref>The Irish Competition Author...

New page

'''Score = 20'''

''Governed by:'' Competition Act, 2002 (hereinafter referred to as “Competition Act”), as amended March 11 2006 By Act No. 4 of 2006.<ref>The Irish Competition Authority website, http://www.tca.ie/controls/getimage.ashx?image_id=893</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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.

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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
|

|- class="categorydivision"
| 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 ==
<references />

Ireland (March 11 2006) - Revision history

Kajrozga: New page: '''Score = 20''' ''Governed by:'' Competition Act, 2002 (hereinafter referred to as “Competition Act”), as amended March 11 2006 By Act No. 4 of 2006.The Irish Competition Author...