Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

  Only the Competition Tribunal or the Competition Appeal Court may declare void an agreement which is unlawful under the Competition Act. Where a civil court hears a claim based on an infringement of the Competition Act, it must apply the determination of the Tribunal or the Competition Appeal Court to the issue if it has already been ruled upon, and, where this is not the case, it must refer the …

Enforcement by ordinary courts

The Commission may decide to initiate a complaint against an alleged prohibited practice. Any interested person may also submit a complaint to the Commissioner (Section 49B of the Competition Act). The Commissioner directs an inspector to investigate the complaint. He/she may be assisted by one or more persons.

A judge of the High Court, a regional magistrate, or a magistrate may issue a warrant to authorize an inspector or a police officer to enter and search any premises. An inspector who is not authorized by a warrant may enter and search premises other than a private dwelling. In such a case, immediately before entering and searching, the inspector conducting the search must provide identification to the owner or person in control of the premises and explain to that person the authority by which the search is being conducted, and must get permission from that person to enter and search the premises or believe on reasonable grounds that a warrant would be issued under Section 46 if applied for, and that the delay that would ensue by first obtaining a warrant would defeat the object or purpose of the entry and search.

  Section 48 of the Competition Act gives the following powers to inspectors: to enter upon or into the premises, search any person on those premises, examine any document, request information about documents, take extracts from, or make copies of, any document, use any computer system and search any data contained in or available to that computer system, reproduce any record from that data.

  Once investigations are completed, the Competition Commission will decide to refer the complaint to the Competition Tribunal or to issue a notice of non-referral. The Competition Commission may choose to refer all the particulars of the complaint submitted by the complainant or only some of them and may add particulars to the complaint. The Competition Commission has a period of one year after a complaint was submitted to it in which to decide whether it will refer the complaint or not to the Tribunal but, with the consent of the complainant or the authorization of the Tribunal, can extend that period. If the Competition Commission issues a notice of non-referral in response to a complaint, the complainant may refer the complaint directly to the Competition Tribunal.

Under Section 43B of the Act, introduced by the Competition Act 2009 and which entered into force in April 2013, the Competition Commission may on its own initiative, or upon request from the Minister, conduct a market inquiry, i.e. “a formal inquiry in respect of the general state of competition in a market for particular goods or services, without necessarily referring to the conduct or activities of any particular named firm”, where it has reason to believe that any feature or combination of features of a market for any goods or services prevents, distorts or restricts competition within that market.

Complaints and investigations

The Competition Tribunal conducts a hearing which is, in principle, public. The Competition Tribunal can hear testimony and order the disclosure of any document. The following persons may participate in the proceedings and put questions to witnesses and inspect any books, documents or items presented at the hearing: the Commissioner, the complainant, the respondent and any person who has a material interest in the hearing.

If, during, on or after completion of the investigation of a complaint, the Competition Commission and the respondent agree on the terms of an appropriate order, the Competition Tribunal, without hearing any evidence, may confirm that agreement as a “consent order”. After hearing a motion for a consent order, the Competition Tribunal must make the order as agreed to and proposed by the Competition Commission (and the respondent indicate any changes that must be made in the draft order before it will make the order) or refuse to make the order. With the consent of a complainant, a consent order may include an award of damages to the complainant.

Proceedings before the Competition Tribunal

At any time, whether or not a hearing has commenced into an alleged prohibited practice, the complainant may apply to the Competition Tribunal for an interim order in respect of the alleged practice (Section 49C). The Tribunal may grant an interim order if it is reasonable and just to do so, having regard to the evidence relating to the alleged prohibited practice, the need to prevent serious or irreparable damage to the applicant and the balance of convenience. An interim order may not extend beyond the conclusion of a hearing into the alleged prohibited practice or six months after the date of issue of the interim order whichever the earlier. However if no hearing into the matter has been concluded within six months after the date of that order, the Tribunal may extend the interim order for a further period not exceeding six months. Appeals may be brought before the Competition Appeal Court.

Interim relief

  Only the Competition Tribunal or the Competition Appeal Court may declare void an agreement which is unlawful under the Competition Act. Where a civil court hears a claim based on an infringement of the Competition Act, it must apply the determination of the Tribunal or the Competition Appeal Court to the issue if it has already been ruled upon, and, where this is not the case, it must refer the issue to them to be judged on the merits with regard to the infringement of the competition rules. The ordinary court will then rule on the award of damages due. Claims may not be brought before a civil court in the event that the Competition Tribunal has issued a “consent order” awarding damages to the plaintiff (Section 65).      

Global Competition Law

1255. Enforcement by ordinary courts

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Les notions juridiques connexes

1255. Enforcement by ordinary courts

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise