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ARTICLE · 04 AUGUST 1996

The Competition Amendment Act, 1996 - Defences

European Federal Credit Bank Limited
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IrelandFamily and Matrimonial
Johnny Johnson
Johnny Johnson

Section 2 of the 1996 Act also provides for certain defences against proceedings taken under the Section. The defences are:-

  • that the defendant did not know or could not reasonably have been expected to have known that the effect of the particular agreement, decision or concerted practice would be the prevention, restriction or distortion of competition in trade alleged in the proceedings ("Reasonable Ignorance Defence"); or
  • at all material times a licence or certificate was in force in respect of the alleged anti-competitive arrangement, the terms of which were being complied with by the defendant at all material times, or, where the terms of the licence have been amended, the defendant was complying with the terms and conditions of the licence prior to the making of the amendments and, within 14 days after the date of publication of the amended terms, the defendant began to take all reasonable steps to comply with the amended licence ("Material Compliance Defence"); or

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