Competition Act 2002

Offence in respect of breach of section 5(1) or Article 82 of the Treaty.


7.F14[(1) An undertaking that acts in a manner prohibited by section 5(1) or by Article 102 of the Treaty on the Functioning of the European Union, and which—

(a) intentionally or recklessly acts to prevent, restrict or distort competition, or

(b) intentionally or recklessly makes omissions having the effect of preventing, restricting or distorting competition,

shall be guilty of an offence.]

(2) In proceedings for an offence under subsection (1), it shall be a good defence to prove that the act or acts concerned was or were done pursuant to a determination made or a direction given by a statutory body.

(3) For the purpose of determining liability for an offence under subsection (1), any act done by an officer or an employee of an undertaking for the purposes of, or in connection with, the business or affairs of the undertaking shall be regarded as an act done by the undertaking.




Substituted (27.09.2023) by Competition (Amendment) Act 2022 (12/2022), s. 7, S.I. No. 448 of 2023, subject to transitional provisions in s. 3. 

Editorial Notes:


Offences under section prescribed for purposes of Companies Act 2014 (38/2014), s. 839(1)(a) (23.03.2016) by Companies Act 2014 (Section 839) Regulations 2016 (S.I. No. 147 of 2016), reg. 3.