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Facts at a Glance
Chairperson – Isolde Goggin
Member – Brian McHugh
Member – Fergal O'Leary
Member – Pat Kenny
Five years.
The CCPC’s budget for 2020 is €14,965,000.
There are 111 employees working in the CCPC.
The Chairperson reports to the Minister for Business, Enterprise and Innovation.
- The Commission for Communications Regulation
- The Commission for the Regulation of Utilities
The CCPC has a dual mandate to enforce both competition and consumer protection powers.
- The CCPC has active investigations in the motor insurance, ticketing and furniture wholesale sectors.
- Bid-rigging particularly in public procurement continues to be an ongoing priority also.
The CCPC investigates potential criminal and civil breaches of the law. In the course of an investigation the CCPC can issue witness summons requiring an individual to attend before it to be examined on oath and to produce documents in his or her power or control, or issue a Request for Information (RFI) or apply to a local District Court to obtain a warrant to search premises.
An undertaking convicted on indictment of participating in a cartel can be fined up to €5m or 10% of turnover, whichever is greater. Similar fines may also be imposed on individual managers or directors together with a maximum of 10 years’ imprisonment. The maximum penalty for a summary prosecution is a fine of €5,000 and up to six months’ imprisonment.
Irish law does not currently allow the courts to impose any form of civil financial penalty on persons found to have breached competition law. Nor does the CCPC itself have the power to impose administrative fines on persons it believes to have breached competition law. The CCPC has the power to apply to the Circuit Court or the High Court to seek a declaration (i.e. a court ruling that a particular arrangement or behaviour is unlawful) or an injunction (e.g. a court ruling requiring a particular arrangement or behaviour to be terminated) in any case involving an alleged breach of section 4 or 5 of the Competition Act or Article 101 or 102 of the Treaty on the Functioning of the European Union (TFEU). The CCPC can also obtain Commitments and Undertakings from undertakings.
For breaches of consumer protection law, the CCPC enforcement outcomes include:
- Prosecution
- Prohibition orders
- Compliance Notices
- Undertakings
- Fixed Payment Notices
- Consumer Protection List
The CCPC in conjunction with the Director of Public Prosecutions (DPP) operates a Cartel Immunity Programme. The Programme means that a member of a cartel may avoid prosecution, including fines and jail time, if they are the first member to come forward and reveal their involvement in illegal cartel activity before the CCPC has completed any investigation and referred the matter to the DPP.
The CCPC cannot operate a leniency programme.
Yes. Infringements of both domestic and European competition law in Ireland are treated as criminal offences under the Competition Act 2002. The CCPC refers criminal cases to the Director of Public Prosecutions.
Irish competition law is primarily enforced by the courts and appeals can be made to the High Court. No competition decision by the CCPC has been overthrown, however, a merger determination by our predecessor organisation was annulled by the High Court.
Any individual or group of individuals have the right to bring a private action in the courts under section 14 of the Competition Act 2002.
The EU provides a specific status for the agricultural sector - The Treaty on the Functioning of the European Union allows for certain agreements, decisions and practices, which under normal circumstances would be considered a breach of competition law. One such major exemption allows for the formation of Producer Organisations.
Under the Competition Act 2002, a Trade Union may seek an exemption from the application of section 4 of the Act in respect of certain classes of self-employed workers. The legislation provides that section 4 of the Competition Act 2002 shall not apply to collective bargaining and agreements in respect of a relevant category of self-employed worker: this includes a class of false self-employed worker or fully dependent self-employed worker specified by law.
Certain transactions have mandatory notification including those which fall into financial thresholds and all media mergers.
When these requirements are not met, mergers or acquisitions can be notified to the CCPC on a voluntary basis in accordance with section 18(3) of the 2002 Act (as substituted by section 55(c) of the 2014 Act).
The general rule for mandatory notification is found in section 18(1)(a) of the 2002 Act (as substituted by section 55(a) of the 2014 Act), which provides that a notification must be made to the CCPC if, in the most recent financial year,
- the aggregate turnover in the State of the undertakings involved is not less than €60,000,000, and
- the turnover in the State of each of two or more of the undertakings involved is not less than €10,000,000.
No – but our predecessor organisation the Competition Authority blocked the acquisition of Breeo Foods Limited and Breeo Brands Limited by Rye Investments Limited; this decision was subsequently overturned by the High Court.
In January 2020, the CCPC has cleared, subject to a binding commitment, the proposed transaction whereby certain interests of Celtic Rugby Designated Activity Company (Celtic Rugby DAC) would be acquired by CVC, through a newly incorporated company NewCo. As part of the transaction NewCo is to be invested in by certain CVC Funds and will acquire a minority interest in a partnership structure comprising of a limited partner and a general partner, which will acquire and operate the businesses of Celtic Rugby DAC. To secure approval, CVC committed that if an entity invested in by CVC Funds, directly or indirectly, enters a legally binding agreement to acquire control over the commercial activities of the Six Nations Championship, it will voluntarily notify that transaction to the CCPC in the event the transaction does not meet the mandatory notification thresholds.
In 2019, formal commitments to alleviate competition concerns were required and obtained from notifying parties in respect of four cases. The types of commitments obtained from the parties range from requirements to divest significant business facilities/contracts to restrictions on access to confidential information amongst parties.
Mergers Cleared with Commitments – 2019:
M/18/053 – Pandagreen/Knockharley Landfill and Natureford
M/18/063 – Berendsen (Elis)/Kings Laundry (Phase 2 determination)
M/18/067 – LN Gaiety/MCD Productions (Phase 2 determination)
M/19/010 – Formpress Publishing (Iconic)/assets of Midland Tribune
The CCPC is considering other measures relating to our merger control functions which may be required in light of COVID-19.