Introduction
The consequences of breaching competition law are severe, and
can have very personal implications for directors who may be
disqualified or prosecuted and fined in a personal capacity for
competition law breaches. This means that internal company
awareness of the consequences of competition law breaches, and how
to mitigate them, is crucial.
Irish Disqualification Procedure
Under section 839(1) of the Companies Act 2014 (the
“2014 Act”), individuals convicted on
indictment of the competition law offences under sections 6
(entering into anti-competitive arrangements) and 7 (abusing a
dominant position) of the Competition Act 2002 (as amended) (the
“2002 Act”) are deemed
automatically disqualified from being appointed or acting as
a director, officer or being in any way concerned in company
management for a period of 5 years (or for such other period as the
court may order).
