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ARTICLE · 07 AUGUST 2017

Search And Seizure – Supreme Court Rules On Competition Case

Dillon Eustace
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The Supreme Court decision will undoubtedly impact on search and seizures carried out by the CCPC in future cases

IrelandAntitrust/Competition Law
Dillon Eustace
Dillon Eustace
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The Competition and Consumer Protection Commission (the "CCPC") recently lost its appeal against a decision of the High Court, which concerned a search it had carried out at the premises of Irish Cement Limited ("ICL") in May 2015.

The Supreme Court found that the CCPC had breached the right to privacy of ICL, CRH Plc ("CRH") - ICL's parent company and a senior executive within the CRH group (together "the Respondents"), under both Irish law and under the European Convention on Human Rights, due to the way in which it carried out the search.

The Supreme Court decision will undoubtedly impact on search and seizures carried out by the CCPC in future cases. It may also influence other regulators to take a more refined approach to search and seizure powers granted under different legislation.

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