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ARTICLE · 27 SEPTEMBER 2023

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Changes To Competition Law Enforcement Are Now Effective

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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A new era has begun. From now on, Irish enforcers may recommend fines for EU and Irish competition rules breaches.

IrelandAntitrust/Competition Law
Cormac Little SC
Cormac Little SC
Sheila Tormey
Sheila Tormey
Claire Waterson
Claire Waterson
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A new era has begun. From now on, Irish enforcers may recommend fines for EU and Irish competition rules breaches.

The Competition and Consumer Protection Commission (CCPC) can also seek jurisdiction on below-threshold merger activity more readily.

These changes are due to the entry into force of the Competition (Amendment) Act 2022 (Act) on 27 September 2023. The Act aims to ensure the CCPC has effective investigation tools and appropriate enforcement powers. The CCPC's previous inability to recommend fines has long been out of step with other national competition authorities in the EU.

Key changes are:

  • 'Calling-in' below-threshold mergers: The CCPC can now more readily require parties to notify a non-notifiable merger where it learns about a deal that it considers may have a negative effect on competition in markets for goods and services in the State. Interim measures can also be imposed where the CCPC considers a notified deal may

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