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

The penalties for indictable offenses are up to EUR 50 million or up to 20% of the offending undertakings annual turnover whichever is the greater. For less important summary offenses, penalties are up to a maximum of EUR 5,000.
Further, daily fines may be also imposed in the sum of EUR 300 per day in the case of summary offenses and EUR 40,000 in the case of indictable offenses. No jail term may  …

Criminal sanctions

Frequently injunctions are sought in place of damages. The principles governing injunctions are the same as those found in any common law system, namely the application of a three-stage test in which court considers (a) whether there is a fair question to be tried, (b) whether damages would be an adequate remedy, (c) the balance of harm.

The Competition (Amendment) Act 2012 amended Competition Act 2002 subsection 7 of Section 14 to specify that where an undertaking has, contrary to Section 5, or Article 102 TFEU, abused a dominant position, the Court may, by order, either— (a) require the undertaking to discontinue the abuse, or (b) require the undertaking to adopt such measures for the purpose of— (i) its ceasing to be in a dominant position, or (ii) securing an adjustment of that position, as may be specified in the order (including measures consisting of the sale of assets of the undertaking) within such period as may be so specified.

Furthermore, in proceedings where commitments made by undertakings have been accepted, the Competition and Consumer Protection Commission may apply to the High Court for an order rendering said commitments binding and specifying that failure to comply would constitute contempt of court.

Cease and desist orders

A cartel immunity programme is set forth in a joint Notice issued by the Competition and Consumer Protection Commission and the Director of Public Prosecutions on 20 January 2015. The notice outlines the requirements on parties in order to qualify for immunity from prosecution for criminal cartel offenses under the Competition Act, 2002 (as amended). In line with the European Competition Network’s revised Model Leniency Programme, the programme encourages self-reporting of unlawful cartels by cartel participants at the earliest possible stage in return for immunity from prosecution. The programme will not, however, limit or otherwise affect the exercise by the Director of Public Prosecutions of her/his general discretion to grant immunity which may, in exceptional circumstances, extend to the grant of full immunity to more than one cartel participant in a given case. Under the notice, an undertaking may apply on its own behalf and on behalf of its employees, directors and officers who require individual immunity. If an undertaking qualifies for immunity, all current and/or former directors, officers, partners and employees who admit their involvement in the anticompetitive activity and who comply with the conditions of the programme also qualify for immunity. Directors, officers and employees of an undertaking who require immunity may also apply on their own behalf. Joint applications for immunity by two or more independent undertakings will not be considered. However, this does not preclude applications by a single economic entity on behalf of its constituent companies. Applications for immunity are to be made to the Commission, which will, where appropriate, make a recommendation to the DPP to grant immunity. The programme only awards full immunity to the first participant in a given cartel that satisfies all the requirements set out in the notice. No reward is provided for further participants in the programme.

As a result of the 2022 Amendment, an entirely new leniency regime is now in place. Pursuant to these new rules, the CCPC and ComReg may now grant immunity from fines to the “first in line”, a reduction of up to 50% for the “second in line”, and a reduction of up to 30% for the “third in line”.  Other later in line undertakings may obtain a fine reduction of up to 20%.  

Notwithstanding these new rules, the existing cartel immunity programme for criminal sanctions will remain in place.

Leniency

The penalties for indictable offenses are up to EUR 50 million or up to 20% of the offending undertakings annual turnover whichever is the greater. For less important summary offenses, penalties are up to a maximum of EUR 5,000.

Further, daily fines may be also imposed in the sum of EUR 300 per day in the case of summary offenses and EUR 40,000 in the case of indictable offenses. No jail term may be imposed for continuing contraventions.

The Competition (Amendment) Act 2012 has increased from five to ten years imprisonment the maximum criminal sanctions for natural persons convicted of a serious anticompetitive offense. The three “hardcore” offenses to which the new sentences apply are price fixing, bid rigging and market control, i.e. the artificial restriction of supply so as to keep prices up. 

Futhermore, the Competition (Amendment) Act 2012 clearly specifies that the Probation of Offenders Act, which exempts from sanctions persons convicted with trivial offenses, is not applicable in relation to breaches of Sections 6 or 7 of the Act (New Section 11A).

The 2022 Amendment introduced a radical change by granting the CCPC the power to seek “administrative financial sanctions” for companies in breach of Irish competition law.  

Such fines will amount to a maximum of EUR 10 million or 10% of the undertaking's turnover.

Global Competition Law

404. Criminal sanctions

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Les notions juridiques connexes

404. Criminal sanctions

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