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ARTICLE · 04 AUGUST 1996

The Competition Amendment Act, 1996 - Enforcement Powers

European Federal Credit Bank Limited
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IrelandEmployment and HR
Johnny Johnson
Johnny Johnson

The 1996 Act confers new enforcement powers on the Competition Authority:-

  • Section 7 confers a right of action on the Competition Authority to enable it to commence proceedings against a party to an anti-competitive arrangement or against a person who is abusing a dominant position in order to restrict the operation of the arrangement or abuse;
  • Section 8 confers on the Competition Authority a power to study and analyse any practice or method of competition affecting the supply and distribution of goods or the provision of services which may consist of or include a study or analysis of any development outside Ireland;
  • Section 9 allows the Minister to nominate one member of the Competition Authority as the Director of Competition Enforcement and confers on such Director the power to carry out investigations on his own initiative or as a result of a complaint to him from any person into an anti-competitive arrangement or abuse of a dominant position or other offenses that he suspects have occurred or may occur, to make recommendations and give advice to the Competition Authority as to instituting proceedings under Section 6 of the 1996 Act (to restrict anti-competitive arrangements) or under Section 3 of the 1996 Act (in respect of the new offenses) and to carry out such other duties as the Competition Authority may assign to him.

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