Competition Act 2002

Abuse of dominant position.

5

5.—(1) Any abuse by one or more undertakings of a dominant position in trade for any goods or services in the State or in any part of the State is prohibited.

(2) Without prejudice to the generality of subsection (1), such abuse may, in particular, consist in—

(a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions,

(b) limiting production, markets or technical development to the prejudice of consumers,

(c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage,

(d) making the conclusion of contracts subject to the acceptance by other parties of supplementary obligations which by their nature or according to commercial usage have no connection with the subject of such contracts.

(3) The putting into effect of a merger or acquisition in accordance with the provisions of Part 3 of this Act, together with any arrangements constituting restrictions which are directly related and necessary to the implementation of the merger or acquisition and are referred to in the notification of the merger or acquisition under subsection (1) or (3) of section 18, shall not be prohibited under subsection (1).

Annotations

Editorial Notes:

E13

Power to make disqualification order under Companies Act 2014 (38/2014), where person contravenes section, prescribed by Companies Act 2014 (38/2014), s. 842(j), as inserted (9.06.2017) by Companies (Accounting) Act 2017 (9/2017), s. 94, S.I. No. 246 of 2017.

E14

Previous affecting provision: subs. (3) applied with modifications (2.10.2008) by Credit Institutions (Financial Support) Act 2008 (18/2008), s. 7(15), commenced on enactment; repealed (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 92, S.I. No. 287 of 2013.