A Recent Development in Civil Enforcement of Competition Law in Ireland: Section 14B Court Orders

Gorecki, Paul (2018): A Recent Development in Civil Enforcement of Competition Law in Ireland: Section 14B Court Orders.

Abstract

A new more effective civil enforcement tool – a Section 14B Court Order – was introduced in 2012 to enhance Ireland’s competition law. Breaching such an order is contempt of court. Fines can be imposed by the courts for contempt, but not for civil breaches of competition law. Notwithstanding the advantages of Section 14B Court Orders, since 2012 the Competition and Consumer Protection Commission, Ireland’s competition agency, has only used such orders on only one occasion – in 2012. There have, however, been a number of other cases where the evidence, albeit limited, suggests that such orders would have been a credible option.

• Item Type: MPRA Paper
• Language: English
• Keywords: Competition policy Ireland; civil enforcement; Section14B Orders; Competition (Amendment) Act 2012; civil fines.
• Subjects: K - Law and Economics > K2 - Regulation and Business Law > K21 - Antitrust Law; K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K41 - Litigation Process; K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K42 - Illegal Behavior and the Enforcement of Law

References

Andrews, Philip, Paul Gorecki & David McFadden (2015) Modern Irish Competition Law. The Netherlands: Kluwer Law International.

Competition Authority (2001) Annual Report 2000. Dublin: the Authority.

Competition Authority (2009) Annual Report 2008. Dublin: the Authority.

Competition Authority (2012) Annual Report 2011. Dublin: the Authority.

Competition Authority (2013a) Annual Report 2012. Dublin: the Authority.

Competition Authority (2013b) Resale Price Maintenance of Fitflop Footwear Products. Enforcement Decision Series E/13/01. Dublin: the Authority.

Competition & Consumer Protection Commission (CCPC) (2017) Law Reform Commission Issues Paper on Regulatory Enforcement & Corporate Offences. Response of the Competition & Consumer Protection Commission. Dublin: CCPC.

Competition & Consumer Protection Commission (CCPC) (2018) Annual Report 2017. Dublin: CCPC.

European Commission, European Central Bank & International Monetary Fund (EU-IMF) (2010) EU/IMF Programme of Financial Support for Ireland. 16th December. Dublin: Department of Finance.

European Commission (2012) Economic Adjustment Programme for Ireland. Summer 2012 Review. European Economy. Occasional Papers 115. Luxembourg: Publications Office of the European Union.

European Commission (2017) Report on the Monitoring Exercise Carried Out in the Online Hotel Booking Sector by EU Competition Authorities in 2016. Brussels: the Commission.

FitzGerald, Gerald & David McFadden (2011) Filling the Gap in Irish Competition Law Enforcement: the Need for a Civil Fines Sanction. Dublin: Competition Authority.

Gorecki, Paul K & Sarah Maxwell (2013) “Alternative Approaches to Sentencing in Cartel Cases: The European Union, Ireland and the United States.” European Competition Journal. Vol. 9, No. 2, pp. 341-82.

Gorecki, Paul K (2017a) “Two Cheers for Ireland’s Competition and Consumer Protection Commission’s Action Against Potentially Anti-Competitive Conduct by Private Landlords.” Kluwer Competition Law Blog, 11 Feb. http://competitionlawblog.kluwercompetitionlaw.com/2017/02/11/two-cheers-for-the-irelands-competition-and-consumer-protection-commissions-action-against-potentially-anti-competitive-conduct-by-private-landlords/

Gorecki, Paul K (2017b) “Sentencing in Ireland’s First Bid-Rigging Cartel Case: Serious Under Enforcement?” European Competition Law Review. Vol. 38, Issue 12, pp. 567-78.

Law Reform Commission (2016) Issues Paper on Regulatory Enforcement and Corporate Offences. LRC IP 8-2016. Dublin: LRC.

Little, Cormac & Sarah Lynam (2012) “A New Act in Town - Irish Competition Legislation Has Just Been Reformed.” Competition Law Insight, 31 July. https://www.williamfry.com/newsandinsights/news-article/2012/07/31/a_new_act_in_town_-_irish_competition_legislation_has_just_been_reformed

Power, Vincent (2012) “Ireland’s Competition (Amendment) Act 2012: A By-Product of the Troika Deal but Legislation with Long-Term Consequences.” Commercial Law Practitioner, Vol. 3, No. 1, October, pp. 180-188.

Stanley, John (2014) “We have the tools to understand how markets are working.” Competition, Vol. 18, Edition 8, pp. 205-207.

Whish, Richard & David Bailey (2015) Competition Law. Eighth Edition. Oxford: OUP.