Competition Act 2002

Interpretation.

3

3.—(1) In this Act, unless the context otherwise requires—

F1 [ Act of 2009 means the Broadcasting Act 2009 ; ]

F2 [ associated facilities , in relation to an electronic communications undertaking, has the same meaning as in section 2(1) of the Communications Regulation Act 2002 (No. 20 of 2002); ]

F3 [ authorised officer has the same meaning as it has in the Competition and Consumer Protection Act 2014; ]

“Authority” means the Competition Authority continued in being by section 29 ;

F4 [ ]

F2 [ F3 [ Commission means the Competition and Consumer Protection Commission; ]

competent authority

( a ) except as provided by paragraph ( b ), means the Competition Authority, and

( b ) if the Competition Authority and the F3 [ Commission for Communications Regulation ] have, under section 47E, agreed that the F3 [ Commission for Communications Regulation ] should, in relation to a particular matter, perform the functions conferred on the relevant authority by Part 2, or the Minister has made a determination under that section that the F3 [ Commission for Communications Regulation ] should exercise those functions in relation to that matter, also means the F3 [ Commission for Communications Regulation ] ;

Competition Authority means the Authority continued by section 29; ]

“conditional determination” shall be construed in accordance with section 22 ;

“contravention” includes, in relation to any provision, a failure to comply with that provision and “contravene” shall be construed accordingly;

“Council” means the Council of the European Communities;

F1 [ Council Regulation means Council Regulation (EC) No. 139/2004 of 20 January 2004 1 on the control of concentrations between undertakings; ]

“court”, where used without qualification, means the District Court, the Circuit Court or the High Court as appropriate, or, in the case of an appeal, the Circuit Court, the High Court or the Supreme Court as appropriate;

“director” includes a person in accordance with whose directions or instructions the directors of the undertaking concerned are accustomed to act but does not include such a person if the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity;

F2 [ F3 [ electronic communications network has the same meaning as it has in the Act of 2009; ]

electronic communications service has the same meaning as in section 2 of the Communications Regulation Act 2002 ;

electronic communications undertaking means an undertaking that provides an electronic communications network or an electronic communications service or associated facilities; ]

“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;

“Minister” means the Minister for Enterprise, Trade and Employment;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“publish”, in relation to a matter, includes to place a notice in relation to it in a national newspaper and to post a notice in relation to it on a website maintained by the Authority, any Minister of the Government or a statutory body;

“statutory body” means a person specified in column (1) of Schedule 1;

“Treaty” means the Treaty establishing the European Community;

F3 [ undertaking means a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply or distribution of goods or the provision of a service and, where the context so admits, shall include an association of undertakings. ]

(2) In this Act references, however expressed, to an agreement being concluded in respect of a merger or acquisition shall be construed as including references to an agreement (of whatever kind and whether expressed to be in respect of a merger or acquisition or not) being entered into the result of which will, if the agreement is implemented, be that a merger or acquisition occurs.

(3) Where—

( a) proof of any matter is, by any provision of this Act, placed on the defendant in the proceedings concerned it shall be sufficient, for the purposes of that provision, for the defendant to prove the matter on the balance of probabilities,

( b) any provision of this Act provides that any specified matter or matters is or are presumed to be fact unless the contrary is shown (as distinct from being presumed to be fact unless or until the contrary is proved) the provision shall be construed as placing on the defendant in the proceedings concerned an evidential burden only with respect to the matter or matters.

(4) In this Act references, however expressed, to an act that is done with the consent of a person shall be construed as including references to an act that is done with the connivance of a person.

(5) In this Act a reference to a section or Schedule is a reference to a section of, or Schedule to, this Act, unless it is indicated that a reference to some other provision is intended.

(6) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to another provision is intended.

(7) In this Act a reference to any other enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment (including this Act).

Annotations:

Amendments:

F1

Inserted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 47(a), S.I. No. 366 of 2014, subject to transitional provisions in s. 6.

F2

Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 22(a), (c), (d), S.I. No. 224 of 2007.

F3

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 47(b) - (f), S.I. No. 366 of 2014, subject to transitional provisions in s. 6.

F4

Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 22(b), S.I. No. 224 of 2007.

Modifications (not altering text):

C5

Term “Competition Authority” construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 8, commenced as per s. 39(4) and S.I. No. 367 of 2014.

Transfer of functions to Commission

39. ...

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to—

(a) the National Consumer Agency, or

(b) the Competition Authority, shall, on and after that day, be construed as references to the Commission.

...

Editorial Notes:

E8

Previous affecting provision: definition of “Commission” inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 22, S.I. No. 224 of 2007; substituted as per F-note above.

E9

Previous affecting provision: definition of “electronic communications network” inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 22, S.I. No. 224 of 2007; substituted as per F-note above.