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tAcht Iomlán Number 12 of 2022 COMPETITION (AMENDMENT) ACT 2022 CONTENTS PART 1 Preliminary

d general Section 1. Short title, collective citation, construction

d commencement

1. Definitions
2. Transitional provisions PART 2 Amendments to Principal Act - relevant competition law
3. Amendment of section 3 of Principal Act
4. Amendment of section 4 of Principal Act
5. Amendment of section 6 of Principal Act
6. Amendment of section 7 of Principal Act
7. Limitation of certain prosecutions
8. Amendment of section 8 of Principal Act
9. Amendment of section 9 of Principal Act
10. Amendment of section 12 of Principal Act
11. Repeal of sections 13

d 14B of Principal Act

1. Insertion of Parts 2C to 2H into Principal Act PART 3 Miscellaneous amendments to Principal Act
2. Amendment of section 18 of Principal Act
3. Insertion of sections 18A

d 18B into Principal Act

1. Amendment of section 19 of Principal Act
2. Amendment of section 20 of Principal Act
3. Amendment of section 22 of Principal Act
4. Amendment of section 47B of Principal Act
5. Amendment of section 47E of Principal Act
6. Insertion of section 47H in Principal Act
7. Amendment of section 52 of Principal Act
8. Non-applicability of limitation periods to certain actions PART 4 Amendments to Act of 2014
9. Amendment of section 2 of Act of 2014
10. Amendment of section 10 of Act of 2014
11. Amendment of section 18 of Act of 2014
12. Amendment of section 20 of Act of 2014
13. Amendment of section 24 of Act of 2014
14. Amendment of section 25 of Act of 2014
15. Amendment of section 27 of Act of 2014
16. Amendment of section 33 of Act of 2014
17. Amendment of section 34 of Act of 2014
18. Amendment of section 37 of Act of 2014
19. Requests for information relating to investigations PART 5 Surveillance
20. Surveillance PART 6 Amendment of Communications Regulation Act 2002
21. Amendment of section 34 of Communications Regulation Act 2002
22. Amendment of section 39 of Communications Regulation Act 2002
23. Amendment of section 38D of Communications Regulation Act 2002
24. Requests for information relating to investigations
25. Amendment of section 40 of Communications Regulation Act 2002
26. Insertion of sections 40A

d 40B in Communications Regulation Act 2002 PART 7 Amendment of Consumer Protection Act 2007

1. Amendment of Consumer Protection Act 2007 PART 8 Amendment of National Standards Authority of Ireland Act 1996
2. Amendment of section 12 of National Standards Authority of Ireland Act 1996 Acts Referred to Civil Law

d Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) Communications Regulation Act 2002 (No. 20) Competition Act 2002 (No. 14) Competition Acts 2002 to 2017 Competition

d Consumer Protection Act 2014 (No. 29) Consumer Protection Act 2007 (No. 19) Criminal Justice (Surveillance) Act 2009 (No. 19) Criminal Justice Act 1984 (No. 22) Criminal Law Act 1976 (No. 32) European Communities Act 1972 (No. 27) National Standards Authority of Ireland Act 1996 (No. 28) Statute of Limitations (Amendment) Act 1991 (No. 18) Statute of Limitations 1957 (No. 6) Number 12 of 2022 COMPETITION (AMENDMENT) ACT 2022

Act to give effect to the implementation of Directive (EU) 2019/1 of the European Parliament

d of the Council of 11 December 20181 to empower the competition authorities of the Member States to be more effective enforcers

d to ensure the proper functioning of the internal market; for that purpose to provide for a system of non‑criminal enforcement of certain provisions of competition law, including the appointment

d empowerment of independent adjudication officers,

d the issuing of prohibition notices in response to certain suspected infringements of competition law; to provide for a system of enforcement

d non-criminal penalties in relation to certain breaches of competition law, including by the imposition of non-criminal structural

d behavioural remedies

d certain non-criminal financial sanctions,

d to provide for processes by which such non-criminal sanctions may be appealed, remitted or confirmed by the High Court; to provide for a leniency programme in relation to certain undertakings; to provide for cooperation between competition authorities in the European Union

d certain bodies in the State; to increase the penalties for certain criminal offences for breach of competition law; to provide additional powers of surveillance to the Competition

d Consumer Protection Commission in relation to the investigation of certain criminal offences; to amend certain provisions relating to the procedure for notifying mergers to the relevant authorities; to make provision relating to the period of time within which certain proceedings relating to competition law may be brought; to make further provision regarding the power of the National Standards Authority of Ireland to charge fees in respect of certain matters; for those

d other purposes to amend the Competition Act 2002 , the Competition

d Consumer Protection Act 2014 , the Communications Regulation Act 2002 , the Consumer Protection Act 2007 , the National Standards Authority of Ireland Act 1996

d the Criminal Justice (Surveillance) Act 2009 ;

d to provide for related matters. [29th June, 2022] Be it enacted by the Oireachtas as follows: PART 1 Preliminary

d general Short title, collective citation, construction

d commencement 1.

d 3

d the Competition Acts 2002 to 2017 may be cited together as the Competition Acts 2002 to 2022.

d Employment may appoint by order or orders either generally or with reference to

y particular purpose or provision

d different days may be so appointed for different purposes or different provisions. Definitions 2. In this Act— “Act of 2014” means the Competition

d Consumer Protection Act 2014 ; “Principal Act” means the Competition Act 2002 . Transitional provisions 3.

investigation into a suspected infringement of relevant competition law— (a) where the investigation relates wholly to conduct, behaviour or

y matter that took place before the 4th day of February 2021, the provisions of the Principal Act, the Act of 2014

d the Communications Regulation Act 2002 , as the case may be, shall, notwithstanding the amendments made to those enactments by Parts 2 , 3 , 4

d 6 , apply to the investigation as if those amendments had not been made,

d (b) where the investigation relates to conduct, behaviour or

y matter that, in whole or in part, took place on or after the 4th day of February 2021, the provisions of the Principal Act, the Act of 2014

d the Communications Regulation Act 2002 , as the case may be, shall apply to the investigation as amended by such provisions of Parts 2 , 3 , 4

d 6 as are in operation when the investigation takes place.

y proceedings taken by the Director of Public Prosecutions, that— (a) arise from, or are otherwise connected to,

investigation into a suspected infringement of relevant competition law,

d (b) are pending or open on the date on which section 13 comes into operation, shall, where they are continued, be so continued (

d

y penalty, forfeiture or punishment in respect of such infringement may be imposed

d carried out) as if the amendments made by Parts 2, 3, 4

d 6 had not been made.

y of the following provisions: (

1. a)section 4 of the Principal Act; (
2. b)section 5 of the Principal Act; (
3. c)Article 101 of the Treaty on the Functioning of the European Union; (
4. d)Article 102 of the Treaty on the Functioning of the European Union. PART 2 Amendments to Principal Act - relevant competition law Amendment of section 3 of Principal Act 4. Section 3 of the Principal Act is amended— (
5. a)by the insertion of the following definitions in subsection

d Consumer Protection Act 2014 ; ‘Article 16

adjudication officer under Part 2D— (

1. a)structural or behavioural remedies, (
2. b)administrative financial sanctions under section 15AA, or (
3. c)periodic penalty payments,

d ‘administrative sanctions proceedings’ shall be interpreted accordingly; ‘breach of a procedural requirement’ refers to

y of the following contraventions by

undertaking, or by

association of undertakings, of

obligation or requirement imposed by a competent authority in connection with

investigation under Part 2C: (a) obstructing or impeding the exercise by— (i)

authorised officer, within the meaning of the Act of 2014, of a power referred to in section 37 or 37A of that Act, or (ii)

authorised officer, within the meaning of the Act of 2002, of a power referred to in section 39 or 39A of that Act; (b) breaking a seal affixed by

authorised officer, within the meaning of the Act of 2002 or the Act of 2014, as the case may be, or other accompanying person authorised or appointed by the competent authority, for the purpose of securing

y document, record, data equipment, computer or place referred to in— (i) section 37

swer, failing to

swer without reasonable excuse, refusing to provide a complete

swer to, or otherwise failing to comply with, a requirement referred to in— (i) section 37

d records, in the power or control of the undertaking or association of undertakings within the time limit specified by the competent authority— (i) in response to

examination, requirement or notice referred to in paragraph (b), (c) or (d) of section 18

agreement or concerted practice between two or more competing undertakings aimed at coordinating their competitive behaviour on the market or influencing the relevant parameters of competition through practices including the following: (

1. a)the fixing or coordination of purchase or selling prices or other trading conditions, including in relation to intellectual property rights; (
2. b)the allocation of production or sales quotas; (
3. c)the sharing of markets; (
4. d)the sharing of customers; (
5. e)bid-rigging; (
6. f)restrictions of imports or exports; (g)

ti-competitive actions against other competing undertakings; ‘commercially sensitive information’ means information the disclosure of which could reasonably be expected to— (a) substantially

d materially prejudice or harm the commercial, financial or industrial interests of the undertaking or person to which it relates, (b) substantially prejudice or harm

y other interests of a person in the conduct of the person’s business, profession or occupation, or (c) substantially prejudice or harm the interests of the State or a public body (within the meaning of section 28N

d of the Council of 11 December 20182 to empower the competition authorities of the Member States to be more effective enforcers

d to ensure the proper functioning of the internal market; ‘enforcement proceedings’ means proceedings before

adjudication officer or court for the application of relevant competition law, but does not include proceedings— (

1. a)that are closed by the competent authority under this Act, (
2. b)in relation to which the competent authority has concluded that there are no grounds for further action, or (
3. c)in relation to which the European Commission has made a decision under Chapter III of Council Regulation (EC) No 1/2003 of 16 December 20023 on the implementation of the rules on competition laid down in Articles 81

d 82 of the Treaty; ‘hearing requirement’ means a requirement imposed by

adjudication officer on

undertaking or association of undertakings under section 15V or 15W; ‘hearing requirement periodic penalty payment’ has the meaning assigned to it in section 15AD; ‘notified undertaking’ means

undertaking, or

association of undertakings, as the case may be, to which a prohibition notice has been issued; ‘periodic penalty payment’ has the meaning assigned to it by section 15AD

d, where used without qualification, includes

Article 16

Article 16

d a hearing requirement periodic penalty payment; ‘prohibition notice’ has the meaning assigned to it by section 15H; ‘relevant competition law’ means

y of the following provisions: (

1. a)section 4; (
2. b)section 5; (
3. c)Article 101 of the Treaty on the Functioning of the European Union; (
4. d)Article 102 of the Treaty on the Functioning of the European Union; ‘relevant Minister’ shall be interpreted in accordance with section 52

undertaking or

association of undertakings, as the case may be, on which the statement of objections has been served; ‘settlement submission’ means a submission by, or on behalf of,

undertaking to a competent authority— (a) describing the undertaking’s acknowledgement of, or renouncing

y right of the undertaking to dispute its participation in,

infringement of relevant competition law

d its responsibility for that infringement,

d (b) made for the purpose of requesting that the competent authority make a referral, in relation to that infringement, referred to in section 15L

d (b) by the substitution of the following definition for the definition of “authorised officer” in subsection

d Consumer Protection Commission, has the same meaning as it has in the Act of 2014,

d (b) in relation to the functions performed by the Commission for Communications Regulation under this Act, has the same meaning it has in section 39 of the Act of 2002;”. Amendment of section 4 of Principal Act 5. Section 4 of the Principal Act is amended, in subsection

d (c) by the insertion of the following subsection after subsection

agreement or concerted practice between undertakings concerning or relating to their participation or non-participation in a relevant bidding process without informing the person requesting bids or tenders,

d without prejudice to the generality of the foregoing includes the following: (a)

agreement whereby one or more undertakings agree not to submit a bid or tender in a relevant bidding process, or agree to withdraw a bid or tender submitted as part of such a process; (b)

agreement whereby one or more undertakings submit a bid or tender, as part of a relevant bidding process, on terms, or subject to conditions, arrived at in accordance with the agreement or concerted practice between such undertakings; (

1. c)collusive tendering; ‘relevant bidding process’ means a process by which bids or tenders to supply a product or service, to produce a product or to enter into a concession contract are requested.”. Amendment of section 6 of Principal Act 6. Section 6 of the Principal Act is amended— (
2. a)by the substitution of the following subsection for subsection

undertaking that— (a) enters into, or implements,

agreement, (

1. b)makes or implements a decision, or (
2. c)engages in a concerted practice, that is prohibited by section 4

d that— (

1. i)intentionally or recklessly acts to prevent, restrict or distort competition, or (
2. ii)intentionally or recklessly makes omissions having the effect of preventing, restricting or distorting competition, shall be guilty of

offence.”,

d (b) in subsection

d (iii) by the insertion of the following paragraph after paragraph (c): “(d) engage in bid-rigging.”. Amendment of section 7 of Principal Act 7. Section 7 of the Principal Act is amended by the substitution of the following subsection for subsection

undertaking that acts in a manner prohibited by section 5

d which— (

1. a)intentionally or recklessly acts to prevent, restrict or distort competition, or (
2. b)intentionally or recklessly makes omissions having the effect of preventing, restricting or distorting competition, shall be guilty of

offence.”. Limitation of certain prosecutions 8. The Principal Act is amended by the insertion of the following sections after section 7: “Limitation of certain prosecutions 7A.

undertaking shall not be prosecuted for

offence under section 6 unless the offence— (a) relates to agreements between undertakings, decisions by associations of undertakings or concerted practices,

d (

1. b)involves— (
2. i)price fixing, (
3. ii)market sharing, (iii) output restrictions, (
4. iv)bid-rigging, (
5. v)collective boycott agreements, (
6. vi)sharing information concerning future prices

d future quantities of production, or (vii) restricting the ability of undertakings to carry out research

d development or to continue to use their own technology for future research

d development. Defences - administrative proceedings 7B.

agreement between competing undertakings, a decision made by

association of competing undertakings or a concerted practice engaged in by competing undertakings the purpose of which is to— (

1. i)directly or indirectly fix prices with respect to the provision of goods or services to persons not party to the agreement, decision or concerted practice, (
2. ii)engage in bid-rigging, (iii) limit output or sales, or (
3. iv)share markets or customers, has as its object the prevention, restriction or distortion of competition in trade in

y goods or services in the State or in

y part of the State or within the common market, as the case may be, unless the defendant proves otherwise, (b) it shall be a good defence to prove that the agreement, decision or concerted practice in question did not contravene that prohibition by virtue of section 4

d (c) in which it is alleged that

agreement, decision or concerted practice contravened the prohibition in Article 101

exemption granted by the European Commission pursuant to Article 101

exemption provided for by, or granted under, a regulation made by the Council or the European Commission pursuant to Article 101

d (b) for the purpose of determining liability,

y act done by

officer or

employee of

undertaking for the purposes of, or in connection with, the business or affairs of the undertaking shall be regarded as

act done by the undertaking.

adjudication officer or court, relating to

y of the following: (

1. a)a prohibition notice; (
2. b)a statement of objections under section 15L; (
3. c)a referral to

adjudication officer under section 15M; (

1. d)administrative sanctions; ‘competing undertakings’ means undertakings that provide or are capable of providing goods or services to the same purchaser or purchasers.”. Amendment of section 8 of Principal Act 9. Section 8 of the Principal Act is amended— (
2. a)in subsection

undertaking that is not

individual, to a fine not exceeding the greater of €50,000,000, or 20 per cent of the turnover of the undertaking in the financial year ending in the 12 months prior to the conviction, or (ii) in the case of

individual, to a fine not exceeding whichever of the following amounts is the greater, namely, €50,000,000, or 20 per cent of the turnover of the individual in the financial year ending in the 12 months prior to the conviction or to imprisonment for a term not exceeding 10 years or to both such fine (that is to say a fine not exceeding the greater of the foregoing monetary amounts)

d such imprisonment.”,

d (b) in subsection

d (

1. b)in paragraph (b)— (
2. i)by the substitution of “explanation to the court or adjudication officer, as the case may be,” for “explanation to the court”,

d (ii) by the substitution of “assistance to the judge, adjudication officer or jury, as the case may be” for “assistance to the judge or, as the case may be, jury”.

d (b) by the substitution of “admissible in proceedings under this Act” for “admissible in proceedings for

offence under section 6 or 7”. Amendment of section 12 of Principal Act 11. Section 12 of the Principal Act is amended, in subsection

d 14B of Principal Act 12. Sections 13

d 14B of the Principal Act are repealed. Insertion of Parts 2C to 2H into Principal Act 13. The Principal Act is amended by the insertion of the following Parts after Part 2B: “PART 2C Investigations Conduct of certain investigations 15G.

investigation into

y suspected infringement of relevant competition law.

d

y regulations made under it

d— (a) in the case of the Competition

d Consumer Protection Commission, the Consumer Protection Act 2007

d the Act of 2014

d

y regulations made thereunder,

d (b) in the case of the Commission for Communications Regulation, the Act of 2002

d

y regulations made thereunder, the competent authority may regulate its procedures, by rules or otherwise, for conducting such investigations in such manner as it shall from time to time determine, including the scope

d terms of the investigation to be carried out, whether as respects the matters or the period to which

investigation is to extend or otherwise,

d may, in particular, limit the investigation to matters connected with particular circumstances or particular issues. Prohibition notice 15H.

y time during

investigation under this Part, the competent authority suspects that there is a risk that, by virtue of conduct which may give rise to

infringement of relevant competition law,

undertaking or association of undertakings will cause serious

d irreparable harm to competition, the competent authority may issue a notice in writing to the undertaking, or association of undertakings, concerned (in this Act referred to as a ‘prohibition notice’).

d irreparable harm to competition, (

1. b)shall state the reasons for that suspicion, (
2. c)shall specify the nature of the infringement of relevant competition law that the competent authority suspects has occurred or may be occurring, (
3. d)may, where the competent authority considers it appropriate to do so, specify directions as to measures to be taken,

d a date before which, or a range of dates within which, they shall be taken, by the notified undertaking in order to— (i) remedy

y suspected infringement of relevant competition law to which the notice relates, (ii) avoid or limit serious

d irreparable harm to competition, or (iii) otherwise comply with, or address matters specified in, the notice, (

1. e)shall prohibit the carrying on of the suspected infringement of relevant competition law to which the notice relates for such period as may be specified in the notice, (
2. f)shall specify a period within which the notified undertaking may make written submissions to the competent authority on the content of the prohibition notice,

d (g) shall be signed

d dated by the competent authority.

undertaking to which a prohibition notice has been issued may, within such period as is specified in the prohibition notice, make written submissions to the competent authority on the content of the prohibition notice.

d to

y suspension or order made by the High Court under section 15AY, a prohibition notice shall take effect on such date or time as may be specified in the notice,

d remain in effect until the earlier of the expiry of the period specified in the notice (including such period as stands extended under subsection

appeal made against a prohibition notice shall not suspend its effect unless

order is made under section 15AY

y suspected infringement of relevant competition law specified in the prohibition notice as being prohibited.

y time during which a prohibition notice has effect, where it is of the opinion that the prohibition notice was issued in error or was incorrect in a material respect, issue written notice to a notified undertaking amending the prohibition notice, which notice shall specify the date from which such amendment shall have effect,

d the prohibition notice shall have effect as if such amendment was included in the prohibition notice from the day specified in the second-mentioned notice.

undertaking or association of undertakings in accordance with this section, inform the European Competition Network (within the meaning of the Directive). Appeal against prohibition notice 15I. A notified undertaking may appeal against a prohibition notice in accordance with section 15AY. Ending of effect of prohibition notice 15J.

d section 15H

d from the earlier of the date on which— (

1. a)the competent authority issues a written notice to the notified undertaking stating that the prohibition notice is withdrawn, or (
2. b)the court under section 15AY or 15AZ, as the case may be, confirms the decision of

adjudication officer under section 15X on the matter to which the prohibition notice relates.

d a prohibition notice in relation to which notice under this subsection is so issued shall be deemed never to have been issued. Choice of enforcement mechanism 15K.

y time during

investigation under this Part, the competent authority forms a preliminary view that

infringement of relevant competition law may have occurred, or may be occurring,

d forms the view that the matter is to be treated as a criminal matter, the competent authority may— (

1. a)refer the matter to the Director of Public Prosecutions for the purpose of considering commencing criminal proceedings under section 6 or 7, or (
2. b)bring summary proceedings under section 8

y stage during

investigation under this Part, the competent authority forms a preliminary view that

infringement of relevant competition law may have occurred, or may be occurring,

d that the matter is not to be treated as a criminal matter, the competent authority shall— (

1. a)issue a statement of objections under section 15L to the undertaking or association of undertakings that, in its view, is responsible for such infringement, or (
2. b)seek relief against

undertaking by way of

action under section 14A.

d the Director of Public Prosecutions, in relation to that matter— (a) commences criminal proceedings in respect of

offence under section 6 or 7 against

undertaking or association of undertakings that are struck out, concluded, discontinued or otherwise determined other than by way of nolle prosequi, the competent authority shall not pursue the proceedings referred to in subsection

offence under section 6 or 7 against

undertaking or association of undertakings, which are determined by way of nolle prosequi, the competent authority may pursue, against such undertaking or association of undertakings in respect of the same matter, either— (i) proceedings referred to in subsection

offence under section 6 or 7 against

undertaking or association of undertakings, the competent authority may pursue

y one of the proceedings referred to in subsections

undertaking or association of undertakings

d the proceedings are not withdrawn before a decision under section 15X is made, the competent authority may not subsequently pursue

y of the proceedings referred to in subsection

infringement of relevant competition law by the undertaking or association of undertakings

d no administrative sanctions have been imposed, (c) the adjudication officer finds that there has been

infringement of relevant competition law by

undertaking or association of undertakings

d administrative sanctions have been imposed, or (d) the proceedings have been otherwise determined, including by operation of commitments entered into under section 15AE or structural or behavioural remedies imposed under section 15X in accordance with section 15Z.

d shall— (a) inform the relevant recipient that the competent authority has formed a preliminary view that— (i)

infringement of relevant competition law may have occurred or may be occurring, (

1. ii)a breach of a procedural requirement may have occurred or may be occurring, (iii) the undertaking or association of undertakings concerned has failed to comply with commitments entered into under section 15AE, (
2. iv)the undertaking or association of undertakings concerned has failed to comply with a structural or behavioural remedy imposed under section 15X in accordance with section 15Z, or (
3. v)the undertaking or association of undertakings concerned has failed to comply with a prohibition notice issued under section 15H, (
4. b)set out the competent authority’s reasons for forming that preliminary view, (
5. c)provide the relevant recipient with

explanation of how it is responsible, in the preliminary view of the competent authority, for the matter referred to in paragraph (a) in sufficient detail to allow the relevant recipient to fully respond to the statement of objections in accordance with subsection

d (d) inform the relevant recipient of its right to make submissions under subsection

d the period within which that right may be exercised.

y material relied upon by the competent authority for the purpose of issuing the statement of objections, subject to such redactions as the competent authority may consider necessary

d appropriate in order to protect the rights of the parties or

y other person, to protect commercially sensitive information, or for

y other good

d sufficient reason.

d shall notify the relevant recipient in writing of the revised period.

d as soon as is practicable after receiving written submissions, if

y, on the content of the statement of objections from the relevant recipient under subsection

alysis or otherwise continue the investigation into the matter in question, (b) close the investigation

d not take

y further action in respect of the matter, (

1. c)enter into commitments with the relevant recipient under section 15AE, (
2. d)agree, at

y time prior to a decision being made by

adjudication officer under section 15X, a settlement with the relevant recipient concerned

d make a referral to

adjudication officer in accordance with section 15M for

order on consent under section 15X

adjudication officer in accordance with section 15M.

d as soon as is practicable after receiving written submissions, if

y, on the content of the statement of objections from the relevant recipient under subsection

y further action in respect of the matter, or (b) determine that it should prepare a full investigation report in accordance with subsection

adjudication officer in accordance with section 15M.

alysis set out in the statement of objections, the competent authority shall issue a supplementary statement of objections to the relevant recipient. (

1. b)The supplementary statement of objections referred to in paragraph (
2. a)shall— (
3. i)summarise the new or different points of fact or law or new evidence that have been identified by the competent authority

d the material impact of such points of fact or law or such evidence on the competent authority’s

alysis,

d (ii) inform the relevant recipient of its right to make written submissions under paragraph (c),

d specify the period within which that right may be exercised. (

1. c)Subject to paragraph (d), the relevant recipient to which a supplementary statement of objections is provided may, within such period as is specified in the supplementary statement of objections, make written submissions to the competent authority on the content of the supplementary statement of objections. (
2. d)Notwithstanding the period specified in the supplementary statement of objections in accordance with paragraph (b)(ii), the competent authority may, where it is appropriate to do so in the circumstances of the case, extend the period within which the relevant recipient may make written submissions under paragraph (c)

d shall notify the relevant recipient in writing of the revised period.

undertaking or association of undertakings

d makes a referral referred to in subsection

d (iv) a statement that the competent authority

d the undertaking or association of undertakings concerned consent to the imposition of the administrative financial sanction or structural or behavioural remedy specified in the simplified investigation report, (

1. b)give a copy of the simplified investigation report referred to in paragraph (
2. a)to the undertaking or association of undertakings concerned,

d (c) refer the matter to

adjudication officer in accordance with section 15M

order on consent under section 15X

adjudication officer in accordance with section 15M, the competent authority shall— (

1. a)prepare a full investigation report containing— (
2. i)a detailed description of the relevant facts of the case, (
3. ii)the allegations against the undertaking or association of undertakings concerned, (iii)

outline of the facts

d evidence on which the competent authority is relying for the purpose of referring the matter to

adjudication officer under section 15M, (iv) a summary of

y submissions made by the undertaking or association of undertakings concerned to the competent authority during the investigation, including in response to the statement of objections or a supplementary statement of objections,

d (v)

y other information that the competent authority considers would be relevant for the adjudication officer to make a decision under section 15X

d (ii) a copy of, or access to,

y material (other than material that has already been provided to the undertaking) relied upon by the competent authority for the purpose of referring the matter to

adjudication officer under section 15M, subject to such redactions as the competent authority considers necessary

d appropriate in order to protect commercially sensitive information, protect the rights of the parties or

y other person, or for

y other good

d sufficient reason,

d (c) if the competent authority forms

opinion in accordance with section 15M

adjudication officer under section 15M

y recommendation, or express

y opinion, in a full investigation report prepared under subsection

y administrative financial sanction which may be imposed under section 15X in the event that

adjudication officer is satisfied that the undertaking or association of undertakings has committed

infringement or a breach of procedural requirement or has failed to comply with commitments or with a structural or behavioural remedy.

d

y such submissions, to such other persons as the competent authority considers appropriate.

d

y submissions under subsection

y other person.

offence

d shall be liable on summary conviction to a class A fine.

d (b) by application to the adjudication officer to whom the matter has been referred under subsection

y point refer the appeal to the Chief Adjudication Officer for re-assignment to

d determination by

other adjudication officer. Referral 15M.

administrative financial sanction or structural or behavioural remedy,

d has prepared a simplified investigation report under section 15L, the competent authority shall— (a) refer the matter to

adjudication officer for

order on consent under section 15X

d (b) furnish the adjudication officer with a copy of the simplified investigation report.

undertaking or association of undertakings has infringed or is infringing relevant competition law, (ii) there has been a breach of a procedural requirement by

undertaking or association of undertakings, (iii)

undertaking or association of undertakings has failed to comply with commitments entered into under section 15AE, (iv)

undertaking or association of undertakings has failed to comply with a structural or behavioural remedy ordered under section 15X in accordance with section 15Z, or (v)

undertaking or association of undertakings has failed to comply with a prohibition notice,

d (b) has elected to bring proceedings under this section or Part 2D in respect of

y matter referred to in paragraph (a), the competent authority shall refer the matter for decision by

adjudication officer under section 15X.

adjudication officer under subsection

d

y supplementary statement of objections, issued by the competent authority under section 15L, (

1. b)the full investigation report prepared by the competent authority under section 15L, (
2. c)a copy of all material relied upon by the competent authority in referring the matter for decision,

d (d)

y submissions made by the undertaking or association of undertakings concerned to the competent authority during the investigation, including in response to the statement of objections issued under section 15L.

y time after making a referral under this section, exercise its power under section 15AE to enter into legally binding commitments with the undertaking or association of undertakings.

d (c) the procedure for making

order on consent under section 15X

d to

y regulations made under subsection

d (c) the procedure for making

order on consent under section 15X

d (b) take no further action in relation to the matter. PART 2D Adjudication officers Appointment of adjudication officers 15O.

d otherwise to exercise functions under this Act.

d qualifications necessary for appointment under subsection

d (

1. c)for the relevant Minister to appoint— (
2. i)a Chief Adjudication Officer in respect of either or both competent authorities, or (
3. ii)a Chief Adjudication Officer in respect of each respective competent authority.

d qualifications prescribed by the relevant Minister, or (b) considers that the nominated person does not have the independence necessary to be appointed as

adjudication officer. Independence of adjudication officers 15P.

d (ii) the effective implementation of

d adherence to

y regulations made under section 15Q. (c) Where

adjudication officer believes that performing

y of his or her functions as

adjudication officer would— (i) potentially create a conflict of interest, the adjudication officer shall recuse himself or herself from the functions or proceedings in question

d shall notify the competent authority

d the undertakings concerned of the recusal, or (ii) give rise to the perception of

y potential conflict of interest, the adjudication officer shall disclose that fact to the competent authority

d to the undertakings concerned in the matter with which the adjudication officer is dealing,

d shall, having regard to

y submissions received from the undertakings concerned or from the competent authority, consider whether it is necessary to recuse himself or herself from the functions or proceedings in question. (d) (i)

adjudication officer shall not make a decision under section 15X where the adjudication officer has been involved in decisions of the competent authority as to whether to exercise

y of the powers conferred on the competent authority under, or to bring proceedings under, Part 2, 2C, 2E or 2F or sections 18 or 37 of the Act of 2014, in relation to the investigation. (ii)

adjudication officer shall not draw up or decide upon— (I) guidelines under section 15AF, or (II) the policy of the competent authority or of the relevant Minister concerning— (A) the procedures, conduct or selection of investigations under Part 2C, (B) referrals under section 15M, (C) the choice of enforcement mechanism under section 15K, (D) the level of administrative financial sanctions that may be imposed under section 15X, or (E) the level of reduction of administrative financial sanctions under Part 2E, but may be consulted in the drawing up or deciding upon of such policy or guidelines, as the case may be. (iii) Where a decision of a competent authority referred to in subparagraph (i) is made as a college, or in

y other manner whereby a decision of a competent authority is treated as having been made by all members of the competent authority, a member of the competent authority who recused himself or herself from the process of making that decision shall, for the purposes of subparagraph (i), be deemed not to have been involved in that decision, provided that the recusal took place at a point

d in a manner which does not compromise the independence of the member of a competent authority as

adjudication officer.

swerable to

y other person in the performance of their functions under this Act.

adjudication officer. (b) A member of a competent authority may not during his or her term of office serve as Chief Adjudication Officer.

adjudication officer or is appointed to assist

adjudication officer under section 15R shall not be required by the competent authority or by

y other person to perform

y duty, including

y statutory duty, of a member of the competent authority, a member of staff of the competent authority,

authorised officer or

adjudication officer the performance of which is inconsistent with his or her independence as

adjudication officer or, in the case of a person appointed to assist

adjudication officer under section 15R, the independence of

adjudication officer whom he or she is assisting or may assist. (b) If a member of a competent authority or a member of staff of the competent authority is requested to perform a duty, including

y statutory duty, of the competent authority, a member of staff of the competent authority,

authorised officer or

adjudication officer the performance of which he or she considers is inconsistent with his or her independence as

adjudication officer or, in the case of a person appointed to assist

adjudication officer under section 15R, the independence of

adjudication officer whom he or she is assisting or may assist, he or she shall refuse to perform the duty

d shall inform the Chief Adjudication Officer of the request

d of his or her refusal. Regulations for appointment

d independence of adjudication officers 15Q.

d adjudication officers to implement sections 15O

d 15P,

d (b) providing that adjudication officers shall not be involved in investigations of suspected infringements of relevant competition law,

d shall not act as authorised officers under— (

1. i)section 15G, (
2. ii)section 35 (insofar as it relates to investigations of suspected infringements of relevant competition law) of the Act of 2014, or (iii) the Act of 2002.

d criteria for, persons eligible for nomination by the competent authority for appointment by the relevant Minister as adjudication officers (including a Chief Adjudication Officer)

d criteria for renewal of appointment of adjudication officers by the Minister, which persons may, subject to section 15P, include— (

1. i)members of the competent authority, (
2. ii)employees of the competent authority, (iii) persons who are legally qualified, (
3. iv)such other persons as have, in the opinion of the competent authority

d the Minister, sufficient expertise in matters of competition law, competition economics, or both, to merit such appointment,

d (v) such other persons as have, in the opinion of the competent authority

d the Minister, the relevant expertise in matters likely to come before

adjudication officer,

d without prejudice to the generality of the foregoing, the competent authority may nominate,

d the relevant Minister may appoint as

adjudication officer (including the Chief Adjudication Officer), a person who is not a member or employee of the competent authority, (

1. b)provide for— (
2. i)the term of appointment (including the term of appointment of a Chief Adjudication Officer), which term shall be specified in the instrument of appointment,

d may be— (I) fixed

d non-renewable, or (II) fixed

d renewable based upon objective, competence-based

d independently-assessed criteria referred to in paragraph (a), (ii) the remuneration of the Chief Adjudication Officer

d other adjudication officers, which remuneration may— (I) not be reduced during the term of their appointment save in accordance with law, (II) vary depending on the category of person appointed under paragraph (a),

d (III) be paid per diem, per piece, or periodically, (iii) such prohibitions on the remuneration of adjudication officers during their term of office, by persons or bodies other than the competent authority, as are necessary to ensure that actual or perceived conflicts of interest do not arise in the performance of the adjudication officer’s functions, (iv) the resignation from office of adjudication officers, (v) procedures

d criteria whereby the revocation of appointments of adjudication officers may only take place upon decision by the Government after independent assessment

d recommendation by persons outside the competent authority with relevant experience

d expertise

d where— (I) the adjudication officer concerned has become incapable through ill-health of effectively performing his or her functions, (II) the adjudication officer concerned has engaged in serious misconduct, or (III) the competent authority has been notified of

adjudication officer’s conflict of interest in more than one matter which conflict of interest is assessed to be likely to continue, without prejudice to the automatic removal from office as

adjudication officer of

employee of the competent authority upon cessation of that employment, (vi) the functions of the Chief Adjudication Officer

d, where no Chief Adjudication Officer stands appointed, the procedure for designation of

adjudication officer to perform the functions of a Chief Adjudication Officer under this Act, (vii) the rules concerning designation by a Chief Adjudication Officer of adjudication officers to divisions for

y particular period or for

y particular case or category of cases, (viii) the rules concerning decisions by a division of adjudication officers, including the appointment

d functions of chairpersons

d deputy chairpersons of such divisions, (ix) the rules concerning promotion

d increments of employees of the competent authority who act as adjudication officers, (x) the rules concerning the tasking of

y employee of the competent authority to assist

adjudication officer in the performance of his or her functions under this Act,

d (xi) the rules concerning the appointment of consultants or advisers for the purpose of assisting

adjudication officer in the performance of his or her functions under this Act, (c) make further provision for the independence of adjudication officers (including

effective internal separation between the functions of the competent authority

d the functions of adjudication officers)

d

y such regulation shall include provision (where appropriate)— (i) that adjudication officers

d employees of the competent authority tasked with assisting adjudication officers shall not communicate with authorised officers, employees

d members of the competent authority in respect of

y proceeding relating to relevant competition law before the competent authority arising under this Act save on notice to the undertakings concerned in those proceedings the subject of a referral under section 15M, or as otherwise permitted by regulations, which may include communications relating to investigations in which the adjudication officers,

d employees of the competent authority tasked with assisting the adjudication officers, have not been nor will be involved in

y decision under section 15X or in

y related referral under section 15M, (ii) that documentation

d other information concerning

investigation conducted under Part 2C which have been obtained by the competent authority in the exercise of its functions under this Act

d the Act of 2014, shall not be disclosed to adjudication officers that have been directed to make a decision under section 15X in relation to that same investigation or to employees of the competent authority or other persons (including

y consultant or adviser) tasked with assisting such adjudication officers save in accordance with this Act

d upon notice to the undertakings concerned in

y referral under section 15M, (iii) for arrangements for oversight by specified members or employees of the competent authority for compliance by the competent authority with section 15P

d the regulations made thereunder, (iv) for reporting to the relevant Minister or the competent authority by specified members or employees of the competent authority or by adjudication officers of

y breach of section 15P

d the regulations made thereunder,

d mechanisms for remedying

y such breach, (v) for specification of the functions of the competent authority which

adjudication officer can perform, (vi) for the structure of the competent authority, (vii) for the policies, practices

d functions of the competent authority,

d (viii) for arrangements for working conditions within the competent authority, (d) require the competent authority to publish policies

d implement measures sufficient to identify

d manage conflicts of interest on the part of— (i) adjudication officers,

d (ii)

y employee of the competent authority or other person (including

y consultant or adviser) tasked with assisting

adjudication officer in the performance of his or her functions under this Act,

d (e) require the Chief Adjudication Officer

d the competent authority to report

nually to the relevant Minister on the compliance by the competent authority

d the adjudication officers with the principle of independence under section 15P

d

y regulations made hereunder

d the policies the adjudication officers or the competent authority have adopted in order to do so. Appointment of assistants to adjudication officers 15R.

y employee of the competent authority, or (ii) appoint such persons (including

y consultant or adviser) as it considers necessary, to assist adjudication officers, or

individual adjudication officer (including the Chief Adjudication Officer), in the performance of their, or his or her, functions under this Act. (b) Persons assisting

adjudication officer under paragraph (a) shall not provide such assistance in connection with

y matter in which they have or may have a conflict of interest. (c) The Chief Adjudication Officer may at

y time direct that

employee required to assist the adjudication officers, or

individual adjudication officer, under subsection

d functions under this Act, be reassigned by the competent authority.

y investigation in which they have not been,

d will not be, involved in assisting

adjudication officer under this section, but they shall be solely responsible to the Chief Adjudication Officer, or to the adjudication officer or adjudication officers to which they have been individually assigned, in relation to their performance of the tasks referred to in subsection

d persons appointed by the competent authority to assist adjudication officers under subsection

y member or employee of the competent authority in relation to the performance of the functions referred to in that subsection. (b) Nothing in paragraph (a) shall preclude

employee of the competent authority or other person appointed by the competent authority being subject to the direction of a member or employee of the competent authority in relation to the performance of tasks not referred to in subsection

d for entering into contracts

d determining all matters relevant thereto, where

adjudication officer has made a determination that specific assistance is required in a particular matter referred to

adjudication officer for a decision under section 15M, the adjudication officer shall be consulted on decisions concerning the appointment

d assignment of persons to provide assistance to adjudication officers under subsection

d assignment of persons to assist adjudication officers under subsection

adjudication officer upon terms of employment or contract 15S.

y aspect of a contract of service or for services in relation to the performance or non-performance of functions other than— (a) the functions of

adjudication officer under this Act,

d (b) the functions of a person appointed to assist

adjudication officer under section 15R

adjudication officer.

adjudication officer shall not in itself— (

1. i)constitute employment by or within the competent authority, (
2. ii)constitute the holding of a position in the civil service, or (iii) otherwise create a contract between

adjudication officer on the one part

d the Minister or the competent authority on the other part. (b) Save in relation to the application of independence requirements to

adjudication officer, nothing in this Part shall alter the terms

d conditions of employment of

adjudication officer who is

employee of the competent authority on the date on which section 13 of the Competition (Amendment) Act 2022 comes into operation.

adjudication officer under this Act,

d (b) the tasks of a person appointed to assist

adjudication officer under section 15R

adjudication officer.

d in such circumstances references to

adjudication officer in this Act shall be considered to be references to a division of adjudication officers.

y particular proceeding or group of proceedings or for

y type of proceedings as the Chief Adjudication Officer shall consider appropriate. (b) When establishing a division, the Chief Adjudication Officer shall have regard to the complexity of the

ticipated proceedings, the potential for a balance of skills amongst the adjudication officers in such proceedings,

d the need for consistent decision-making. Action by adjudication officer after receiving referral 15U.

d (c) in respect of a referral under section 15M

order on consent under section 15X

d asking the undertaking or association of undertakings to confirm the matters set out in paragraphs (a)

d (b) of section 15X

y of the following that he or she considers necessary to resolve

issue of fact or otherwise enable the adjudication officer to make a decision under section 15X: (a) exercise

y of the powers under section 15W; (

1. b)request further information from the undertaking or association of undertakings; (
2. c)request further information from

y other person,

d may, for the purposes of doing so, provide, with due regard for the protection of commercially sensitive information, a copy of the full investigation report prepared under section 15L to the person; (d) conduct

oral hearing.

oral hearing takes place at which

undertaking or association of undertakings may make submissions to the adjudication officer on the full investigation report prepared under section 15L

d shall, with due regard for the protection of commercially sensitive information, give to the undertaking or association of undertakings a copy of the request.

y information pursuant to a request under subsection

d the undertaking or association of undertakings— (a) a copy of the information or, where the protection of commercially sensitive information means that such information cannot be provided in full, a summary of such information,

d (b) written notice stating that the competent authority

d the undertaking or association of undertakings may make submissions in writing to the adjudication officer on the information within the period of 20 working days from the day the undertaking or association of undertakings receives the notice, or such further period, not exceeding 10 working days, as the adjudication officer may allow.

y other person.

offence

d shall be liable on summary conviction to a class A fine.

adjudication officer may direct

employee of the competent authority required to assist with his or her functions to make

y communication on his or her behalf. Admissibility of evidence

d rules for oral hearings 15V.

oral hearing before

adjudication officer under section 15U.

adjudication officer may, by notice in writing— (a) summon a witness (including

authorised officer) to appear to give evidence, or to produce before the adjudication officer

y books, documents or records in such person’s power or control, or to do both,

d (b) require the witness to attend

oral hearing from day to day unless excused, or released from further attendance, by the adjudication officer.

adjudication officer may require evidence to be given on oath,

d may for that purpose— (a) require a witness to take

oath,

d (b) administer

oath to the witness orally or permit the witness to affirm.

oath that the evidence the witness will give shall be true.

d privileges as a judge of the High Court when hearing civil proceedings on the occasion of that action including with respect to: (a) the attendance

d examination of witnesses on oath or otherwise (including witnesses who are outside the State); (b) compelling the production (including discovery) of records or

identified category or categories of records.

oral hearing under this section may, at the discretion of the adjudication officer, be held remotely (including in

online format),

d evidence may be tendered as permitted by regulations or by

adjudication officer.

authorised officer or other representative of the competent authority or

y other person, with leave of the adjudication officer, shall present the evidence in support of the referral,

d (b) the testimony of witnesses attending the oral hearing shall be given in accordance with this section

d

y regulations made thereunder.

d cross-examined at the oral hearing. (b) At

y oral hearing before

adjudication officer, there shall be a right to cross-examine witnesses

d call evidence in defence

d reply.

oral hearing before

adjudication officer shall be held in public unless the adjudication officer is satisfied that, given the existence of special circumstances (which shall include whether information given or likely to be given in evidence is commercially sensitive information), the hearing or part of the hearing should be held otherwise than in public. (b) If special circumstances exist (which shall include whether information given or likely to be given in evidence is commercially sensitive information),

adjudication officer may impose restrictions on the reporting or distribution of information given at the hearing.

y part of, the reasonable travelling

d subsistence expenses of a witness required to attend

oral hearing, is at the discretion of the adjudication officer

d such expenses shall be discharged by the competent authority.

oral hearing before

adjudication officer save as may be otherwise prescribed.

y person of

y information that the person would be entitled to refuse to produce on the grounds of legal professional privilege or authorises the inspection or copying of

y document containing such information that is in the person’s possession, power or control.

y regulations under paragraph (a), the competent authority shall make rules providing for the conduct of

oral hearing under this section

d shall publish such rules on a website maintained by it or on its behalf. (

1. c)Rules made under paragraph (
2. b)shall not have effect until they are published. Powers

d offences 15W.

y time after a referral under section 15M

adjudication officer may, whether on application by the competent authority, by

undertaking or association of undertakings concerned in the matter which is the subject of the referral or of the adjudication officer’s own motion,

d where the adjudication officer is satisfied that such direction is necessary to the determination of the issues before the adjudication officer— (a) direct authorised officers of the competent authority, or the undertaking or association of undertakings concerned, (each of which, in this section, is referred to as a ‘party’), to

swer (whether on oath or otherwise)

identified question in whatever manner or form the adjudication officer may specify, (b) direct a party to adduce evidence or produce books, documents

d records in its power or control,

d (c) direct a party to clarify

y issue of fact that

adjudication officer may deem necessary.

swer to a question put to a person in response to a requirement under subsection

oral hearing under section 15V may be substituted for

d is the equivalent of

y formal process capable of being issued in

action for enforcing the attendance of witnesses

d compelling the production of records.

d privileges in respect of compliance with

y requirement referred to in this section as a witness appearing in proceedings before the Court.

offence if the person— (

1. a)to whom notice is given under section 15V does not comply with a requirement referred to in that section, (
2. b)subject to a direction under subsection

adjudication officer under section 15V

d place indicated on the summons, (d) while attending as a witness before

adjudication officer at

oral hearing under section 15V refuses to— (

1. i)give evidence in the manner lawfully required by the adjudication officer to be taken, (
2. ii)produce

y record in the person’s power or control that the person is lawfully required by the adjudication officer to produce, or (iii)

swer

y question that the person is lawfully required by the adjudication officer to

swer, or (e) while attending before the adjudication officer engages in

y conduct that, if the adjudication officer were a court of law having power to punish for contempt, would be contempt of court.

adjudication officer, or refuses, while attending as a witness before the adjudication officer, to do

ything referred to in subsection

adjudication officer to do, or otherwise fails to comply with a direction or order of the adjudication officer, on summary application by a party on notice to that person— (a) by order require the person to attend before the adjudication officer or to do the thing that the person refused to do, as the case may be, within a period to be specified by the Court,

d (b) make such interim or interlocutory orders as it considers necessary for that purpose.

offence if, having been or in

ticipation of being required to produce a book, document or record under subsection

adjudication officer in connection with

y function of

adjudication officer under this Part, that person is guilty of

offence if— (a) the information or evidence is false or misleading in a material respect,

d (b) the person knows, or ought reasonably to know, that it is false or misleading in a material respect.

y information to

other person, knowing the information to be false or misleading in a material respect, or who recklessly provides

y information to

other person which is false or misleading in a material respect, knowing the information is to be used for the purpose of providing information to

adjudication officer in connection with

y of his or her functions under this Act, is guilty of

offence.

offence under subsection

offence under this section regardless of whether or not

order has been made, or has been applied for, under subsection

adjudication officer may refer to the Director of Public Prosecutions a suspected breach of a hearing requirement under this section or section 15V without the necessity for

investigation by the competent authority. (b) Subject to section 15X,

adjudication officer may impose a periodic penalty payment under section 15AD

investigation by the competent authority

d without a referral under section 15M separate to the proceedings in which the breach has arisen.

d the competent authority under this section.

adjudication officer shall consider the following when making a decision referred to him or her under section 15M

y alleged infringement of relevant competition law, breach of a procedural requirement, failure to comply with a structural or behavioural remedy, failure to comply with commitments entered into under section 15AE or failure to comply with a prohibition notice: (a) the statement of objections (

d

y supplementary statement of objections) prepared by the competent authority; (b) the full investigation report prepared by the competent authority under section 15L

y written submissions made by the undertaking or association of undertakings concerned on the content of the statement of objections

d the full investigation report; (d)

y submissions, statements, admissions, information, records or other evidence provided to the adjudication officer in the course of the proceedings; (e)

y prior relevant decision of

adjudication officer under this Act, other than insofar as such decision has not been confirmed by the High Court under section 15AY or 15AZ.

y matter referred to

adjudication officer for decision under section 15M

adjudication officer— (a) may make a decision as to whether, on the balance of probabilities— (i)

undertaking or association of undertakings has or has not intentionally, recklessly or negligently committed

infringement of relevant competition law,

d whether that infringement is continuing, (ii)

undertaking or association of undertakings has or has not intentionally, recklessly or negligently breached a procedural requirement or a hearing requirement,

d whether that breach is continuing, (iii)

undertaking or association of undertakings has or has not intentionally, recklessly or negligently failed to comply with commitments entered into under section 15AE,

d whether that failure is ongoing, (iv)

undertaking or association of undertakings has or has not intentionally, recklessly or negligently failed to comply with a structural or behavioural remedy imposed under this section in accordance with section 15Z,

d whether that failure is ongoing, or (v)

undertaking or association of undertakings has or has not intentionally, recklessly or negligently failed to comply with a prohibition notice issued under section 15H,

d whether that failure is ongoing,

d (

1. b)may, having made a decision under paragraph (a), do one or more of the following: (
2. i)impose structural or behavioural remedies on the undertaking or association of undertakings concerned in accordance with section 15Z; (
3. ii)impose

administrative financial sanction on the undertaking or association of undertakings concerned in accordance with section 15AA; (iii) impose periodic penalty payments on the undertaking or association of undertakings concerned in accordance with section 15AD.

d prior to making a decision under paragraph (b) of that subsection, the adjudication officer shall provide the competent authority

d the undertaking or association of undertakings with a copy of the decision under subsection

d shall inform the competent authority

d the undertaking or association of undertakings of— (I) if

y, the structural or behavioural remedies that the adjudication officer proposes to impose on the undertaking or association of undertakings,

d (II) the amount of

y periodic penalty payment or administrative financial sanction that the adjudication officer proposes to impose,

d the criteria that the adjudication officer considers applicable to the determination of such amount. (ii) The adjudication officer may invite written submissions from the competent authority

d the undertaking or association of undertakings in accordance with subparagraph (iii). (iii) The competent authority

d the undertaking or association of undertakings may, within a period of 15 working days from the date of being informed of the matter described in subparagraph (i), or such further period as is considered appropriate by the adjudication officer, make submissions in writing to the adjudication officer in relation to the application of the criteria in section 15Z, 15AA, 15AB or 15AD

d may make submissions in regard to guidelines made by the competent authority under section 15AF. (

1. iv)The adjudication officer may by notice in writing request the undertaking or association of undertakings to provide, in writing, within a period specified in the notice, such information as the adjudication officer considers appropriate for the purpose of determining the sanction to be imposed. (
2. v)Nothing in this paragraph shall preclude the adjudication officer from imposing a structural or behavioural remedy or administrative financial sanction or periodic penalty payments different to that proposed, or outside the range of that proposed, under subparagraph (i). (
3. vi)Where

adjudication officer imposes a periodic penalty payment on

undertaking or association of undertakings under this section, the amount of the periodic penalty payment shall be calculated in accordance with section 15AD

d shall be reckoned from the date of the decision under subsection

d, where applicable, subsection

y administrative financial sanction to be imposed, the adjudication officer shall have regard to— (a) the matters outlined in sections 15AB

d 15AC,

d (b) the imposition of

y structural or behavioural remedies in accordance with section 15Z.

d written

d oral submissions considered, (e) the right of appeal provided for under section 15AY where a final decision under subsection

y relevant appeal, to pay the administrative financial sanction or periodic penalty payment, or give effect to the structural or behavioural remedy imposed, as the case may be, (g) the name of the undertaking or association of undertakings concerned,

d (h) such other particulars or material as the adjudication officer considers appropriate.

d otherwise for the conduct of proceedings before

adjudication officer in

y matter referred to

adjudication officer for decision (in this section referred to as ‘proceedings’), having regard to the need for efficiency

d the rights of the defence, including but not limited to all or

y of the following: (a) the form

d manner of provision of a statement of objections or supplementary statement of objections prepared by the competent authority in accordance with section 15L; (b) the form

d manner of provision of information, records, documents, statements, admissions

d evidence to be provided to the competent authority or to the adjudication officer; (c) time limits to apply to the making

d conduct of proceedings; (d) the attendance of witnesses at

oral hearing; (e) the form

d manner of making of requests by

adjudication officer for information, discovery or disclosure from a party to a proceeding, or a person other than a party; (f) the provision by the competent authority or by

adjudication officer to a party to a proceeding, or a person other than a party to proceedings, of information received by the adjudication officer or the competent authority; (g) procedures for the consolidation

d hearing of two or more proceedings together; (

1. h)procedures for the separation of proceedings; (
2. i)the publication on a website maintained by or on behalf of the competent authority of information

d documents provided, for the purposes of proceedings, by a party to a proceeding or by a person other than a party to proceedings; (j) the form

d manner in which a proceeding may be withdrawn; (k)

y consequential, supplementary or transitional provisions as appear to the Minister to be necessary or expedient for the purpose of giving effect to the regulations.

d may publish guidelines on

y of the matters the subject of subsection

y time after a referral under section 15M,

d with the consent of the competent authority,

adjudication officer may impose on the undertaking or association of undertakings the subject of the referral

administrative financial sanction, a structural or behavioural remedy or both such sanction

d such remedy, if— (a) the undertaking or association of undertakings the subject of a referral under section 15M

infringement of relevant competition law,

d (b) such undertaking or association of undertakings consents to the imposition of a specific administrative financial sanction, the specific structural or behavioural remedy, or both, as the case may be.

adjudication officer, save that

adjudication officer may in his or her discretion award the costs of proceedings before

adjudication officer— (a) against the undertaking or association of undertakings, in the event that it is found to have infringed relevant competition law

d if the adjudication officer finds that the undertaking or association of undertakings has engaged in improper, irregular, unfair, or unsatisfactory conduct in connection with the investigation of the alleged infringement or in the conduct of its defence before

adjudication officer, or (b) against the competent authority in the event that no infringement is found

d if the adjudication officer finds that the competent authority has engaged in improper, irregular, unfair, or unsatisfactory conduct in connection with the investigation of the alleged infringement or in its conduct of the proceedings before the adjudication officer. Notice of decision 15Y.

d, where applicable, the decision under section 15X

administrative financial sanction,

Article 16

d (iii) state that, in respect of

administrative financial sanction,

Article 16

appeal, make

application for confirmation of the decision in accordance with section 15AZ. (c) The competent authority may provide a copy of a notice referred to in subsection

d appropriate, in respect of subsection

y undertaking or association of undertakings concerned— (

1. a)to protect commercially sensitive information, (
2. b)to protect the rights of the undertaking or association of undertakings concerned or

y other person, or (c) for

y other good

d sufficient reason.

y other person. (b) A person who receives a copy of a notice under subsection

y other person.

offence

d shall be liable— (

1. a)on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
2. b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine not exceeding €250,000, or both.

offence under subsection

adjudication officer makes a decision under section 15X to impose a structural or behavioural remedy on

undertaking or association of undertakings, such remedy shall be imposed in accordance with this section.

y remedy or obligation requiring

undertaking or association of undertakings to take, or to refrain from taking,

y action relating to the behaviour or structure of

undertaking or association of undertakings

d includes requiring the undertaking or association of undertakings in question to do one or more of the following: (a) to sell or divest itself of

y matter, including business, assets, shares, real property or intellectual property; (

1. b)to modify or constrain its conduct in specified ways; (
2. c)to grant specified undertakings access to assets, facilities, technology, infrastructure, information or services; (
3. d)to implement ring-fencing arrangements to prevent the sharing of specified competitively sensitive information; (
4. e)to cease a specified conduct or practice; (
5. f)to unbundle two or more products which were previously offered to customers jointly; (
6. g)to discontinue customer rebate schemes, or a part of

y such schemes; (h) to prevent the flow of competitively sensitive information between undertakings or within divisions, units, departments or other organisational units within

undertaking.

undertaking or association of undertakings under this section unless— (a) imposing the remedy is necessary to bring

existing infringement of relevant competition law to

end or to prevent a similar infringement of relevant competition law from reoccurring in future,

d (b) the remedy imposed is proportionate to the infringement of relevant competition law committed.

end, the adjudication officer shall choose the remedy that is least burdensome for the undertaking or association of undertakings in question.

adjudication officer may, in accordance with section 15X, impose administrative financial sanctions on undertakings

d associations of undertakings, which sanctions shall be effective, proportionate

d dissuasive, where the adjudication officer determines— (a) under section 15X

infringement of relevant competition law, including where the adjudication officer determined that the infringement is ongoing, (b) under section 15X

adjudication officer makes a decision under section 15X

d the provision of relevant competition law, or the alleged breach of a procedural requirement, in respect of which the decision was made is a provision the breach of which would constitute

offence, the undertaking or association of undertakings in respect of which the decision was made is not liable to be prosecuted or punished for the offence in respect of the conduct to which the decision relates.

adjudication officer may not impose

administrative financial sanction on

undertaking or association of undertakings for

infringement of relevant competition law or a breach of a procedural requirement— (a) if the undertaking or association of undertakings has been charged with having committed

offence under a law of the State, (

1. b)if— (
2. i)criminal proceedings are ongoing in respect of the infringement, (
3. ii)that undertaking or association of undertakings has been found guilty of having committed the offence, or (iii) that undertaking or association of undertakings has been found not guilty of having committed the offence where proceedings have determined other than by way of nolle prosequi,

d (c) if the offence involves the same infringement or a breach of a procedural requirement as is before the adjudication officer.

administrative financial sanction shall not take effect unless the decision is confirmed by the High Court under section 15AY or 15AZ, as the case may be.

administrative financial sanction under this section on

undertaking (in this subsection referred to as the ‘sanctioned undertaking’),

d where he or she considers that it is necessary to do so in order for that sanction to be effective, proportionate or dissuasive, impose the sanction (either jointly with or separately to the sanctioned undertaking) on one or more of the following: (a) a person or undertaking that exercises direct or indirect control over the sanctioned undertaking; (b)

undertaking of which the sanctioned undertaking is a subsidiary or parent undertaking; (c)

undertaking the directors, shareholders or partners of which, or

y other persons exercising control over which, knew or ought reasonably to have known about the matter in respect of which the administrative financial sanction was imposed on the sanctioned undertaking; (d) a person, company, undertaking or

y other entity forming part of the same economic unit as the sanctioned undertaking. Calculation of administrative financial sanctions 15AB.

adjudication officer shall have regard to— (a) the need to ensure that

y administrative financial sanction imposed is effective, proportionate

d dissuasive, (b) the gravity of the matter in respect of which

administrative financial sanction is imposed, (c) in respect of

infringement of relevant competition law— (

1. i)the duration of the infringement, (
2. ii)the value of the undertaking’s sales of the goods

d services to which the infringement directly or indirectly relates,

d (iii) where applicable, the amount of

y compensation paid as a result of a consensual settlement in accordance with Article 18

y specific factors, criteria or methodology relevant to paragraphs (a), (b)

d (c) which are prescribed by the relevant Minister to be taken into account by

adjudication officer in the calculation of the amount of administrative financial sanctions,

d (e)

y guidelines issued by the competent authority under section 15AF in respect of specific factors, criteria or methodology relevant to the calculation of the amount of administrative financial sanctions.

administrative financial sanction is imposed on

association of undertakings under section 15AA in respect of

infringement of relevant competition law under Parts 2C to 2G,

d such sanction is imposed not only on the association of undertakings but also on its members, the turnover of the members on which

administrative financial sanction is imposed shall not be taken into account when calculating the administrative financial sanction to be imposed on the association.

administrative financial sanction is imposed on

association of undertakings under section 15AA in respect of

infringement of relevant competition law under Parts 2C to 2G,

d the infringement relates to the activities of its members,

d (ii)

administrative financial sanction is not also imposed on the individual members of the association,

adjudication officer may consider the value of the sales of goods

d services to which the infringement directly or indirectly relates by the undertakings that are members of the association when calculating the administrative financial sanction to be imposed on the association of undertakings. (

1. b)If paragraph (
2. a)is applied, in circumstances where the association of undertakings is not solvent, the association shall call for contributions from its members to cover the amount of the administrative financial sanction imposed.

administrative financial sanction under section 15AY or 15AZ, as the case may be, contributions referred to in subsection

adjudication officer who may require

y of the undertakings whose agents or representatives were members of the decision-making bodies of that association to pay the administrative financial sanction.

d several basis) of the outstanding amount of the administrative financial sanction by

y of the members of the association that were active on the market on which the infringement of relevant competition law occurred notwithstanding

y decision made by the adjudication officer under section 15X

adjudication officer under subsections

undertaking that proves, in accordance with such procedures as may be prescribed, on the balance of probabilities that— (a) it did not implement the infringement of relevant competition law of the association of undertakings,

d (

1. b)it— (
2. i)was not aware of the existence of the infringement, or (
3. ii)actively distanced itself from the infringement before the investigation under Part 2C commenced.

undertaking or association of undertakings,

d prior to making a decision under section 15X

y decision made by the competent authority under Part 2E in respect of such undertaking or association of undertakings regarding— (

1. i)immunity from administrative financial sanctions, or (
2. ii)a reduction in the amount of administrative financial sanctions. (b)

adjudication officer shall not vary

y decision of the competent authority made under Part 2E regarding the level of reduction to be applied to the administrative financial sanctions that would otherwise have been imposed on the undertaking or association of undertakings concerned.

administrative financial sanction that

adjudication officer may impose under this Part in respect of

infringement of relevant competition law, for failure to comply with commitments entered into under section 15AE, for failure to comply with a structural or behavioural remedy or for failure to comply with a prohibition notice issued under section 15H shall be the greater of €10 million or 10 per cent of the total worldwide turnover of the undertaking or association of undertakings in the financial year preceding the decision.

infringement of relevant competition law, failure to comply with commitments entered into under section 15AE, failure to comply with a structural or behavioural remedy or a failure to comply with a prohibition notice issued under section 15H by

association of undertakings relates to the activities of its members, the maximum amount of the administrative financial sanction shall be €10 million or 10 per cent of the sum of the total worldwide turnover (whichever is greater) of each member active on the market affected by the infringement of the association.

administrative financial sanction that

adjudication officer may impose with respect to a breach of a procedural requirement in accordance with section 15AA shall be €1 million or 1 per cent of the total worldwide turnover (whichever is greater) of the undertaking or association of undertakings in the financial year preceding the decision.

association of undertakings relates to the activities of its members, the maximum amount of the administrative financial sanction shall be €1 million or 1 per cent of the sum of the total worldwide turnover (whichever is greater) of each member active on the market affected by the infringement of the association.

d shall be reduced by

adjudication officer in accordance with

y decision made in respect of that undertaking under Part 2E. Periodic penalty payments 15AD.

adjudication officer may impose a payment (in this Act referred to as a ‘periodic penalty payment’) on

undertaking or association of undertakings in order to compel such

undertaking or association of undertakings to do one or more of the following: (i) comply with a search conducted by

authorised officer, or otherwise allow for the exercise of the powers of

authorised officer, under section 39 of the Act of 2002 or section 37 of the Act of 2014, as the case may be; (ii) provide complete

d correct information in response to a requirement under section 39A of the Act of 2002 or section 18

interview, or otherwise give evidence or produce information or documentation, before the competent authority under section 38A of the Act of 2002 or section 18 or 37A of the Act of 2014, as the case may be; (

1. iv)comply with a prohibition notice; (
2. v)comply with commitments entered into with the competent authority under section 15AE; (
3. vi)comply with structural or behavioural remedies. (
4. b)(i)

adjudication officer may impose a periodic penalty payment on

undertaking or association of undertakings in order to compel such

undertaking or association of undertakings to comply with

y hearing requirement imposed by

adjudication officer in the course of a referral under section 15M, without a referral under that section separate to the proceedings in which the breach of the hearing requirement has arisen. (ii) Where

adjudication officer imposes a hearing requirement periodic penalty payment under subparagraph (i), subject to this section such a decision shall be made under section 15X

d this Act shall apply accordingly. (iii) Where

adjudication officer considers it necessary in the interests of justice,

adjudication officer who apprehends that there has been a failure to comply with a hearing requirement made by that adjudication officer in the course of a referral under section 15M may refer to the Chief Adjudication Officer for assignment to

other adjudication officer the decision under subparagraph (i).

adjudication officer makes a decision to impose a periodic penalty payment in accordance with subsection

adjudication officer for a decision to impose a periodic penalty payment from a specified date if by that date the undertaking or association of undertakings concerned has not complied with the obligation concerned,

d (iii) specify the maximum daily amount of the periodic penalty payment that may be imposed from the specified date if the undertaking or association of undertakings concerned has not complied with the obligation concerned. (b) Before

adjudication officer makes a decision to impose a hearing requirement periodic penalty payment in accordance with subsection

d (ii) specify the information referred to in subparagraphs (i)

d (iii) of paragraph (a). (

1. c)If, before the date, or before the expiration of the period, as the case may be, specified in a notice issued under paragraph (
2. a)or (b), as the case may be, the undertaking or association of undertakings requests, in writing,

extension to the specified date or period, the competent authority or adjudication officer, as the case may be, may where it considers it appropriate to do so, extend that date or period

d

undertaking or association of undertakings to which such

extension is granted shall comply with the obligation by the date, or within the specified period, as so extended.

d give a copy of it to the undertaking or association of undertakings concerned in accordance with section 15L,

d (ii) may refer the matter to

adjudication officer for decision in accordance with section 15M, or (b) in respect of the matters set out in subsection

adjudication officer may make a decision under section 15X on his or her own motion.

adjudication officer has decided to impose a periodic penalty payment under section 15X on or before the date, or within the period, specified in a notice issued under paragraph (a) or (b) of subsection

adjudication officer shall determine the periodic penalty payment to