Competition Act 2002
F111[ Co-operation agreement between Authority and the Commission with respect to performing their respective functions under this Act.
47G.— (1) As soon as practicable after the commencement of this Part, the Authority and the F112[Commission for Communications Regulation] shall enter into negotiations for a co-operation agreement that will—
(a) facilitate the performance of their respective functions under this Act, and
(b) avoid duplicating activities by the Authority and the F112[Commission for Communications Regulation] in relation to the performance of those functions, and
(c) ensure, as far as practicable, consistency between decisions made, and other steps taken, by the Authority and the F112[Commission for Communications Regulation] so far as any part of those decisions or steps relates to the performance of those functions.
(2) As far as practicable, a co-operation agreement shall—
(a) require the Authority and the F112[Commission for Communications Regulation] to consult each other before performing any of their respective functions under this Act if the performance of the functions concerned involves the same issues, and
(b) enable the Authority and the F112[Commission for Communications Regulation] to provide each other with information in its possession if the information is required by the other to perform its functions under this Act.
(3) The Authority and the F112[Commission for Communications Regulation] may vary a co-operation agreement by further agreement.
(4) The Authority and the F112[Commission for Communications Regulation] shall respectively provide the Minister for Enterprise, Trade and Employment and the Minister for Communications, Marine and Natural Resources with a copy of a co-operation agreement, or a variation of such an agreement, as soon as practicable after the agreement or variation has been entered into.
(5) A co-operation agreement, and any variation to it, is to be in writing.
(6) As soon as practicable after a co-operation agreement, or variation of the agreement, is entered into, the Authority and the F112[Commission for Communications Regulation] shall publish in such manner as they think appropriate a notice to the effect that the agreement or variation has been entered into. The notice shall state—
(a) that a copy of the agreement or variation can be inspected at premises of the Authority and premises of the F112[Commission for Communications Regulation], or by a means, specified in the notice, and
(b) that a copy of the agreement or variation can be purchased from either the Authority or the F112[Commission for Communications Regulation] in a manner so specified.
However, if either the Authority or the F112[Commission for Communications Regulation] has complied with this subsection, the other of them is taken to have so complied.
(7) As soon as practicable after a co-operation agreement, or a variation of the agreement, is entered into, the Authority shall arrange for a copy of the agreement or variation to be laid before each House of the Oireachtas.
(8) The Authority and the F112[Commission for Communications Regulation] shall each make available to members of the public copies of a co-operation agreement, or a variation of the agreement, for inspection and for purchase (at a cost not exceeding the reasonable cost of making a copy and the cost (if any) of posting it).
(9) If information is provided by the Authority or the F112[Commission for Communications Regulation] under a co-operation agreement to which this section applies, any enactment restricting or prohibiting the disclosure of that information by the provider of the information also applies to the receiver of the information.]
Annotations
Amendments:
F111
Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 31, S.I. No. 224 of 2007.
F112
Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 71, S.I. No. 366 of 2014, subject to transitional provisions in s. 6.