C18

Prospective amending provision: section inserted by Competition (Amendment) Act 2022 (12/2022), s. 39, not commenced as of date of revision, subject to transitional provisions in s. 3.

F117[39A. (1) In the course of investigating a suspected infringement of relevant competition law, the Commission, or an authorised officer appointed under section 39, may in writing require a person or undertaking under investigation to provide the Commission or officer, as the case may be, with information that is connected to, and reasonably necessary for, the purposes of the investigation.

(2) A requirement under subsection (1)—

(a) shall specify a period within which it is to be complied with, which period shall be reasonable having regard to the nature of the request, the context in which the information is requested and the circumstances of the person or undertaking of whom the request is made, and

(b) shall not require a person of whom it is made to admit to having contravened relevant competition law.

(3) A person or undertaking of whom a requirement under subsection (1) is made shall comply with it within the period specified in the requirement.

(4) A person who—

(a) provides the Commission or officer, as the case may be, with information that the person knows, or ought reasonably to know, is false or misleading in a material respect, or

(b) fails, without reasonable cause, to provide information pursuant to a requirement under subsection (1),

is guilty of an offence.

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both.

(6) In this section, "relevant competition law" has the meaning it has in the Competition Act 2002.]