The 1996 Act introduces fundamental changes to the existing competition law framework. While many of these changes have been criticised, and there may be legal arguments which will make it difficult to secure convictions under the 1996 Act, the 1996 Act represents the law until it is challenged successfully.
There is an increased possibility that anti-competitive behaviour will be discovered and penalised as a result of the introduction of the 1996 Act. Much will depend however on the approach taken by the Director of Competition Enforcement who is to be appointed to the Competition Authority and also on the level of resources which will be available to that Director.
It is essential that account is taken of the requirements of competition law as amended by the 1996 Act and of their impact on businesses. In the context of the provisions introduced by the 1996 Act, it is very important that businesses review their activities to ensure compliance with the legal requirements and to appreciate how those requirements can give their businesses a competitive advantage.
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