lrc_2002_act_14

(LRC Revised)

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LRC Revised Act

Competition Act 2002 (LRC Revised) Open official source

Number 14 of 2002

COMPETITION ACT 2002

REVISED

Updated to 25 September 2025

Changes to legislation

as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries

here

. Note that some amendments may not be in force until commenced by a commencement order or other provision.

This Revised Act is an administrative consolidation of the

Competition Act 2002

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory

instruments up to and including the

Competition Act 2002 (Adjudication Officers) Regulations 2025

(S.I. No. 437 of 2025), made 25 September 2025, were considered in the preparation

of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

2002

COMPETITION ACT 2002

REVISED

Updated to 25 September 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

Short title.

Commencement.

Interpretation.

PART 2

Competition Rules and Enforcement

Anti-competitive agreements, decisions and concerted practices.

Abuse of dominant position.

Offence in respect of breach of

section 4

(1)

or Article 81(1) of the Treaty.

Offence in respect of breach of

section 5

(1)

or Article 82 of the Treaty.

7A.

Limitation of certain

prosecutions.

7B.

Defences -

administrative proceedings.

Penalties and proceedings in relation to offences under

sections 6

and

Provisions as respects expert evidence.

10.

Provision of information to juries.

11.

Trial of persons for certain offences by Central Criminal Court.

12.

Presumptions.

13.

Admissibility of statements contained in certain documents.

(Repealed)

14.

Right of action for breaches of competition rules.

14A.

Right of action of competent authority.

14B.

Applications to High Court for orders in relation to certain

agreements.

(Repealed)

15.

Appeal to High Court against declaration under

section 4

(3)

PART 2A

Competition in Grocery Goods Trade

15A.

Definitions and operation of this Part.

15B.

Anti-competitive conduct in grocery goods trading.

15C.

Right of

action for

section 15B

PART 2B

Application of Section 4 to Collective Bargaining and Agreements in respect of Certain

Categories of Workers

15D.

Definitions.

15E.

Collective bargaining and agreements in respect of certain categories of workers.

15F.

Prescribed relevant category of self-employed worker.

PART 2C

Investigations

15G.

Conduct of

certain investigations.

15H.

Prohibition

notice.

15I.

Appeal

against prohibition notice.

15J.

Ending of

effect of prohibition notice.

15K.

Choice of

enforcement mechanism.

15L.

Statement

of objections.

15M.

Referral.

15N.

Withdrawal

of referral.

PART 2D

Adjudication officers

15O.

Appointment

of adjudication officers.

15P.

Independence of adjudication officers.

15Q.

Regulations

for appointment and independence of adjudication officers.

15R.

Appointment

of assistants to adjudication officers.

15S.

Effect of

appointment of an adjudication officer upon terms of employment or

contract.

15T.

Division of

adjudication officers.

15U.

Action by

adjudication officer after receiving referral.

15V.

Admissibility of evidence and rules for oral hearings.

15W.

Powers and

offences.

15X.

Decision by

the adjudication officer.

15Y.

Notice of

decision.

15Z.

Structural

or behavioural remedies.

15AA.

Administrative financial sanctions.

15AB.

Calculation

of administrative financial sanctions.

15AC.

Maximum

amount of administrative financial sanctions.

15AD.

Periodic

penalty payments.

15AE.

Commitments.

15AF.

Guidelines.

15AG.

Conduct of

investigations.

PART 2E

Leniency programme

15AH.

Definitions (

Part 2E

15AI.

Immunity

from administrative financial sanctions.

15AJ.

Reduction

of administrative financial sanctions.

15AK.

General

conditions for leniency.

15AL.

Form of

leniency statements.

15AM.

Markers for

applications for leniency from administrative financial

sanctions.

15AN.

Summary

applications for leniency.

15AO.

Relationship between applications for immunity from administrative

financial sanctions and sanctions on natural persons.

15AP.

Leniency

programme for other infringements.

PART 2F

Mutual assistance

15AQ.

Cooperation

with other competition authorities.

15AR.

Requests

for the notification of preliminary objections and other

documents.

15AS.

Requests

for the enforcement of decisions imposing administrative financial sanctions

or periodic penalty payments.

15AT.

General

principles of cooperation.

15AU.

Disputes

concerning requests for notification or enforcement of decisions imposing

administrative fines or periodic penalty payments.

PART 2G

Procedural provisions

15AV.

Access to

file by parties and limitations on the use of information.

15AW.

Admissibility of evidence.

15AX.

Confidentiality rings.

PART 2H

Appeals, Confirmations and Judicial Review

15AY.

Appeal

against certain decisions.

15AZ.

Court

confirmation of decision on certain administrative sanctions.

15AAB.

Appeals to

the Court of Appeal.

15AAC.

Conduct of

proceedings.

15AAD.

Treatment

of amounts paid in respect of administrative financial sanctions.

15AAE.

Recovery of

amounts of administrative financial sanctions and periodic penalty payments

due.

PART 3

Mergers and Acquisitions

16.

Mergers and acquisitions for the purposes of Act.

17.

Application of

sections 18

18.

Obligation to notify certain mergers and acquisitions.

18A.

Power to

require notification of below threshold mergers or acquisitions.

18B.

Power to

impose interim measures in respect of certain mergers and

acquisitions.

19.

Limitation on merger or acquisition being put into effect.

20.

Examination by the Authority of notification.

21.

Determination of issues concerned without full investigation, etc.

22.

Determination of issues concerned on foot of full investigation.

23.

Provisions

with regard to media mergers.

(Repealed)

24.

Appeal to the High Court against determination of the Authority.

25.

Laying of

order under

section 23

(4)

before Houses of the

Oireachtas.

(Repealed)

26.

Enforcement of certain commitments, determinations and orders.

27.

Alteration of certain monetary amounts.

28.

Relationship between this Part and other enactments.

PART 3A

Media Mergers

28A.

Interpretation and application.

28B.

Notification of media merger to Minister for Communications, Energy and Natural Resources.

28C.

Limitation on media merger being put into effect.

28D.

Initial examination by Minister for Communications, Energy and Natural Resources of

media merger notification.

28E.

Full media merger examination.

28F.

Advisory panel.

28G.

Determination of Minister for Communications, Energy and Natural Resources after full

media merger examination.

28H.

Review of conditions in determination under section 28G(1)(c).

28I.

Enforcement of certain determinations.

28J.

Limitation of judicial review of determination.

28K.

Fees.

28L.

Guidelines.

28M.

Report and Research.

28N.

Sharing of information and documents and disclosure of confidential information.

28O.

Expenses in administration of part.

PART 4

The Competition Authority

29.

The

Competition Authority.

(Repealed)

30.

Functions of

the Authority.

(Repealed)

31.

Investigations of the Authority — general provisions.

(Repealed)

32.

Prohibition

on unauthorised disclosure of information.

(Repealed)

33.

Strategic

plans and work programmes.

(Repealed)

34.

Provisions

for co-operation between the Authority and statutory bodies.

(Repealed)

35.

Membership.

(Repealed)

36.

Disqualification.

(Repealed)

37.

Meeting and

business.

(Repealed)

38.

Functions

and accountability of chairperson.

(Repealed)

39.

Staff.

(Repealed)

40.

Seal of the

Authority.

(Repealed)

41.

Accounts and

audits.

(Repealed)

42.

Annual

report.

(Repealed)

43.

Grants and

borrowing powers.

(Repealed)

44.

Superannuation.

(Repealed)

45.

Authorised

officers and their powers.

(Repealed)

46.

Relationship

of Authority with foreign competition bodies.

(Repealed)

47.

Information

relating to offences under this Act may be disclosed to Authority.

(Repealed)

PART 4A

Performance of Functions of Commission Under this Act

47A.

Function of the Commission to investigate complaints relating to the electronic communications

market.

47B.

Delegation of functions of Commission.

47C.

Commission to notify Authority before acting under this Act.

47D.

Responsibilities of Authority with respect to notifying existence of certain agreements,

decisions, practices and abuses.

47E.

Authority and Commission to make every effort to settle disputed questions.

47F.

Undertaking not liable to be prosecuted by both Authority and Commission for same

offence.

47G.

Co-operation agreement between Authority and the Commission with respect to performing

their respective functions under this Act.

47H.

Liability

of competent authority and associated persons and indemnity for associated

persons.

PART 5

Miscellaneous

48.

Repeals.

49.

Restrictive

Practices (Groceries) Order, 1987.

(Repealed)

50.

Protections for person reporting breaches of Act.

51.

Amendment of Industrial and Provident Societies Act, 1893.

52.

Regulations and orders.

53.

Expenses.

54.

Provision with respect to fees payable under this Act.

55.

Saving and transitional provisions.

55A.

Non-applicability of limitation periods to certain actions.

SCHEDULE 1

(Repealed)

Statutory Bodies and their responsible Ministers of the Government

SCHEDULE 2

Saving and Transitional Provisions

SCHEDULE 3

Redress for Contravention of Section 50(3)

SCHEDULE 4

Relevant Categories of Self-employed Worker

Acts Referred

Broadcasting Act, 2001

2001, No. 4

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Acts, 1956 and 1958

Competition Act, 1991

1991, No. 24

Competition Acts, 1991 and 1996

Competition (Amendment) Act, 1996

1996, No. 19

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

European Parliament Elections Act, 1997

1997, No. 2

Industrial and Provident Societies (Amendment) Act, 1971

1971, No. 31

Industrial and Provident Societies Act, 1893

56 & 57 Vict. c. 39

Interpretation Act, 1937

1937, No. 38

Mergers and Takeovers (Control) Acts, 1978 to 1996

Mergers, Take-overs and Monopolies (Control) Act, 1978

1978, No. 17

Minimum Notice and Terms of Employment Acts, 1973 and 1984

Organisation of Working Time Act, 1997

1997, No. 20

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Public Offices Fees Act, 1879

1879, c. 58

Radio and Television Act, 1988

1988, No. 20

Redundancy Payments Acts, 1967 to 1990

Restrictive Practices (Amendment) Act, 1987

1987, No. 31

Terms of Employment (Information) Act, 1994

1994, No. 5

Unfair Dismissals Act, 1977

1977, No. 10

Unfair Dismissals Acts, 1977 to 1993

Number

2002

COMPETITION ACT 2002

REVISED

Updated to 25 September 2025

AN ACT TO MAKE NEW PROVISION, BY ANALOGY WITH ARTICLES 81 AND 82 OF THE TREATY ESTABLISHING

THE EUROPEAN COMMUNITY, AND IN THE INTERESTS OF THE COMMON GOOD, FOR THE PROHIBITION

OF ACTIVITIES WHICH PREVENT, RESTRICT OR DISTORT COMPETITION IN TRADE IN THE STATE

OR WHICH CONSTITUTE AN ABUSE OF A DOMINANT POSITION IN SUCH TRADE, TO COMPLEMENT THE

POWERS AVAILABLE TO THE COMMISSION OF THE EUROPEAN COMMUNITIES WITH REGARD TO THE

ENFORCEMENT OF THE SAID ARTICLES 81 AND 82, TO MAKE NEW PROVISION, IN THE INTERESTS

OF THE COMMON GOOD, FOR THE CONTROL OF CERTAIN MERGERS OR ACQUISITIONS, TO CONTINUE

IN BEING THE COMPETITION AUTHORITY AND MAKE NEW PROVISION ABOUT ITS FUNCTIONS, TO

REPEAL THE COMPETITION ACTS, 1991 AND 1996, THE MERGERS AND TAKEOVERS (CONTROL) ACTS,

1978 TO 1996, AND CERTAIN OTHER ENACTMENTS, TO AMEND THE INDUSTRIAL AND PROVIDENT

SOCIETIES ACT, 1893, WITH RESPECT TO THE REQUIREMENTS FOR CERTAIN SPECIAL RESOLUTIONS

THEREUNDER, AND TO PROVIDE FOR RELATED MATTERS. [10

th April,

2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

Application of Act

restricted (9.06.2023) by

Communications Regulation and Digital Hub Development

Agency (Amendment) Act 2023

(4/2003) s. 76, S.I. No. 299 of 2023.

Appointment of

adjudicators

76.

...

(4) Nothing in this Act or the Act

of 2002 or in any regulations made under either Act shall prevent—

(

) the Minister

appointing, under and in accordance with this section, as an adjudicator a person

who is, on the nomination of the Commission, appointed as an adjudication officer

or Chief Adjudication Officer under the Act of 2002, or

(

) a person who is

appointed by the Minister, under and in accordance with this section, as an

adjudicator being appointed as an adjudication officer or Chief Adjudication

Officer under the Act of 2002.

...

Application of Act restricted (1.01.2018) by

Public Service Pay and Pensions Act 2017

(34/2017), s. 42(13), commenced as per s. 1(2).

Regulation of fees and other payments

42.

...

(13) A Minister of the Government may define the manner in which consultations under

subsection (9) are to be conducted and conduct them in such manner, and with such

representatives of service providers or otherwise, as he or she considers appropriate,

and nothing in the Competition Act 2002 shall prevent participation by that Minister

or any such representative in such consultations, or the communication and discussion

of the outcome of such consultations by the representatives with the service providers

they represent.

...

Application of Act restricted by

Health Act 1970

(1/1970), s. 58C(8)(b), as inserted (1.07.2015) by

Health (General Practitioner Service) Act 2014

(28/2014), s. 5, S.I. No. 267 of 2015.

[

Agreement for provision of service under section 58B

58C.

...

(8) ...

(

) The Minister

or, as the case may be, the Health Service Executive shall conduct consultations

under subsection (5) in the manner defined under paragraph (a) and with such

representatives of relevant medical practitioners or otherwise as the Minister or,

as the case may be, the Health Service Executive considers appropriate, and

nothing in the Competition Act 2002 shall prevent participation by the Minister,

the Health Service Executive or any such representative in such consultations, or

the communication and discussion of the outcome of such consultations by the

representatives with the relevant medical practitioners they represent.

...]

Application of Act restricted (31.10.2014) by

Competition and Consumer Protection Act 2014

(29/2014), s. 33(1), S.I. No. 366 of 2014.

Saving for legal privilege

33.

(1) Subject to

subsection (2)

, nothing in this Act, the Act of 2002 or the Act of 2007 shall compel the disclosure

by any person of privileged legal material or authorise the taking of privileged legal

material.

(2) The disclosure of information may be compelled, or possession of it taken, pursuant

to this Act, notwithstanding that it is apprehended that the information is privileged

legal material provided that the compelling of its disclosure or the taking of its

possession is done by means whereby the confidentiality of the information can be

maintained (as against the person compelling such disclosure or taking such possession)

pending the determination by the High Court of the issue as to whether the information

is privileged legal material.

...

Application of Act restricted (27.02.2009) by

Financial Emergency Measures in the Public Interest Act 2009

(5/2009), s. 9(10), commenced on enactment.

Reduction of payments to health professionals.

— ...

(10) The Minister for Health and Children may define the manner in which consultations

under subsection (4) are to be conducted and conduct them in such manner, and with

such representatives of health professionals or otherwise, as he or she considers

appropriate, and nothing in the Competition Act 2002 shall prevent participation by

that Minister or any such representative in such consultations, or the communication

and discussion of the outcome of such consultations by the representatives with the

health professionals they represent.

Editorial Notes

Powers granted to authorised officers in relation to investigations under Act (31.10.2014)

Competition and Consumer Protection Act 2014

(29/2014), s. 37, S.I. No. 366 of 2014.

Power to appoint authorised officers under Act provided and powers of authorised

officers specified by

Communications Regulation Act 2002

(20/2002), s. 39(1), (3), as amended (12.07.2010) by

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure)

Act 2010

(2/2010), s. 16(i), (ii), S.I. No. 234 of 2010.

Previous affecting provision: application of section restricted (2.10.2008) by

Credit Institutions (Financial Support) Act 2008

(18/2008), s. 7(2), commenced on enactment; repealed (1.08.2013) by

Central Bank (Supervision and Enforcement) Act 2013

(26/2013), s. 92, S.I. No. 287 of 2013.

Previous affecting provision: requirement to report suspected criminal offence or

infringement of Act imposed by

Central Bank Act 1942

(22/1942), s. 33AK(3)(a)(vi) as inserted (1.05.2003) by

Central Bank and Financial Services Authority of Ireland Act 2003

(12/2003), s. 26, S.I. No. 160 of 2003; substituted and deleted (1.10.2010) by

Central Bank Reform Act 2010

(23/2010), s. 14(1) and sch. 1 pt. 1, item 39, S.I. No. 469 of 2010.