Competition and Consumer Protection Act 2014


Number 29 of 2014


COMPETITION AND CONSUMER PROTECTION ACT 2014

REVISED

Updated to 27 September 2023


This Revised Act is an administrative consolidation of the Competition and Consumer Protection Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Competition (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 448 of 2023), made 13 September 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 29 of 2014


COMPETITION AND CONSUMER PROTECTION ACT 2014

REVISED

Updated to 27 September 2023


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Communications (Retention of Data) Acts 2011 and 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Competition and Consumer Protection Act 2014 (29/2014), s. 1(4)). The Acts in this group are:

Communications (Retention of Data Act 2011 (3/2011)

Competition and Consumer Protection Act 2014 (29/2014), s. 89

Competition Acts 2002 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Competition (Amendment) Act 2022 (22/2022), s. 1(2)). The Acts in this group are:

Competition Act 2002 (14/2002)

Competition (Amendment) Act 2006 (4/2006)

Competition (Amendment) Act 2010 (12/2010)

Competition (Amendment) Act 2012 (18/2012), other than s. 9

Competition and Consumer Protection Act 2014 (29/2014), Parts 3, 4 (ss. 47-74)

Intellectual Property (Miscellaneous Provisions) Act 2014 (36/2014), s. 4

Competition (Amendment) Act 2017 (12/2017)

Competition (Amendment) Act 2022 (12/2022), Parts 2, 3 (ss. 4-23)

Consumer Protection Acts 2007 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Consumer Protection (Gift Vouchers) Act 2019 (38/2019), s. 4(2)). The Acts in this group are:

Consumer Protection Act 2007 (19/2007)

Competition and Consumer Protection Act 2014 (29/2014), Parts 5, 6 (ss. 75-86)

Consumer Protection (Gift Vouchers) Act 2019 (38/2019)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Consumer Rights Act 2022 (37/2022)

Competition (Amendment) Act 2022 (12/2022)

Hallmarking (Amendment) Act 2019 (2/2019)

Data Protection Act 2018 (7/2018)

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Promoting Fairness and Transparency for Business Users of Online Intermediation Services) Regulations 2020 (S.I. No. 256 of 2020)

European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020 (S.I. No. 14 of 2020)

European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2019 (S.I. No. 691 of 2019)

European Union (Unjustified Geoblocking of Consumers) Regulations 2018 (S.I. No. 513 of 2018)

European Union (Appliances Burning Gaseous Fuels) Regulations 2018 (S.I. No. 126 of 2018)

Competition and Consumer Protection Commission Staff Superannuation Scheme 2016 (S.I. No. 593 of 2016)

European Union (Online Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 500 of 2015)

European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (S.I. No. 343 of 2015)

Competition and Consumer Protection Act 2014 (Commencement) (No. 2) Order 2014 (S.I. No. 401 of 2014)

Competition and Consumer Protection Act 2014 (Establishment Day) Order 2014 (S.I. No. 367 of 2014)

Competition and Consumer Protection Act 2014 (Commencement) Order 2014 (S.I. No. 366 of 2014)

All statutory instruments up to and including Competition (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 448 of 2023), made 13 September 2023, were considered in the preparation of this revision.


Number 29 of 2014


COMPETITION AND CONSUMER PROTECTION ACT 2014

REVISED

Updated to 27 September 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement

2. Interpretation

3. Orders and regulations

4. Time limit for institution of summary proceedings

5. Expenses

6. Transitional provisions relating to mergers

7. Repeals

PART 2

Establishment of Commission and Dissolution of Bodies

Chapter 1

Establishment of Commission

8. Establishment day

9. Establishment of Competition and Consumer Protection Commission

10. Functions of Commission

11. Supplementary powers of Commission with respect to carrying out certain functions

12. Membership of Commission

13. Indemnity for members, members of staff and authorised officers of Commission

14. Functions of chairperson

15. Meetings and procedures of Commission

16. Membership of either House of Oireachtas, European Parliament or local authority

17. Review of legislation

18. Investigations by Commission

19. Provision for co-operation between Commission and certain prescribed bodies

20. Directions of Minister

21. Grants to Commission

22. Power to borrow

23. Relationship of Commission with foreign competition or consumer bodies

24. Disclosure of information relating to offences

25. Prohibition on unauthorised disclosure of confidential information

26. Accountability of chairperson to Committee of Public Accounts

27. Accountability of chairperson to other Oireachtas Committees

28. Staff

29. Superannuation

30. Strategy statement and work programme

31. Accounts of Commission

32. Reporting by Commission

33. Saving for legal privilege

Chapter 2

Authorised Officers

34. Definitions

35. Appointment of authorised officers

36. Powers of authorised officers for purposes of enforcing relevant statutory provisions (other than Act of 2002)

37. Powers of authorised officers in relation to investigations under Act of 2002

37A. Requests for information relating to investigations

Chapter 3

Dissolution of National Consumer Agency and Competition Authority

38. Dissolution of National Consumer Agency and Competition Authority

39. Transfer of functions to Commission

40. Transfer of staff to Commission

41. Transfer of land and other property

42. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body

43. Liability for loss occurring before establishment day

44. Provisions consequent upon transfer of functions, assets and liabilities to Commission

45. Saving for certain acts

46. Final accounts and final annual report of dissolved bodies

PART 3

Amendments of Act of 2002

47. Amendment of section 3 of Act of 2002

48. Amendment of section 6 of Act of 2002

49. Amendment of section 12 of Act of 2002

50. Amendment of section 14A of Act of 2002

51. Amendment of section 14B of Act of 2002

52. Amendment of section 15C of Act of 2002

53. Amendment of section 16 of Act of 2002

54. Amendment of section 17 of Act of 2002

55. Amendment of section 18 of Act of 2002

56. Amendment of section 19 of Act of 2002

57. Amendment of section 20 of Act of 2002

58. Amendment of section 21 of Act of 2002

59. Amendment of section 22 of Act of 2002

60. Amendment of section 24 of Act of 2002

61. Amendment of section 26 of Act of 2002

62. Amendment of section 27 of Act of 2002

63. Amendment of section 28 of Act of 2002

64. Amendment of section 47 of Act of 2002

65. Amendment of section 47A of Act of 2002

66. Amendment of section 47B of Act of 2002

67. Amendment of section 47C of Act of 2002

68. Amendment of section 47D of Act of 2002

69. Amendment of section 47E of Act of 2002

70. Amendment of section 47F of Act of 2002

71. Amendment of section 47G of Act of 2002

72. Amendment of section 50 of Act of 2002

73. Amendment of section 52 of Act of 2002

PART 4

Media Mergers

74. Media Mergers

PART 5

Amendments of Act of 2007

75. Amendment of section 2 of Act of 2007

76. Amendment of Part 2 of Act of 2007

77. Amendment of section 55 of Act of 2007

78. mendment of section 83 of Act of 2007

79. Amendment of section 87 of Act of 2007

80. Amendment of section 90 of Act of 2007

81. Insertion of Schedule 9 to Act of 2007

82. Miscellaneous consequential amendments to Act of 2007

PART 6

Grocery Goods

83. Grocery goods undertakings

84. Amendment of section 86 of Act of 2007

85. Commission may publish certain information in respect of grocery goods undertakings

86. Res judicata

PART 7

Miscellaneous

87. Amendment of Central Bank Act 1942

88. Amendment of Personal Injuries Assessment Board Act 2003

89. Amendment of Communications (Retention of Data) Act 2011

90. Amendment of Schedule 1 to Criminal Justice Act 2011

91. Amendment of European Communities (Cross-Border Mergers) Regulations 2008


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Broadcasting Act 2009 (No. 18)

Carer’s Leave Act 2001 (No. 19)

Central Bank Act 1942 (No. 22)

Central Bank Reform Act 2010 (No. 23)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Communications (Retention of Data) Act 2011 (No. 3)

Communications Regulation (Amendment) Act 2007 (No. 22)

Companies Act 1990 (No. 33)

Companies Acts

Competition (Amendment) Act 1996 (No. 19)

Competition (Amendment) Act 2012 (No. 18)

Competition Act 1991 (No. 24)

Competition Act 2002 (No. 14)

Competition Acts 2002 to 2012

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Consumer Protection Act 2007 (No. 19)

Courts Act 1964 (No. 11)

Criminal Justice (Search Warrants) Act 2012 (No. 33)

Criminal Justice Act 1984 (No. 22)

Criminal Justice Act 2011 (No. 22)

Criminal Law Act 1976 (No. 32)

Defence Act 1954 (No. 18)

European Parliament Elections Act 1997 (No. 2)

Interpretation Act 2005 (No. 23)

Local Government Act 2001 (No. 37)

Maternity Protection Acts 1994 and 2004

Minimum Notice and Terms of Employment Acts 1973 to 2005

Offences Against the State Act 1939 (No. 13)

Organisation of Working Time Act 1997 (No. 20)

Parental Leave Acts 1998 and 2006

Personal Injuries Assessment Board Act 2003 (No. 46)

Petty Sessions (Ireland) Act 1851 (14 & 15 Vic, c. 93)

Protection of Employees (Fixed-Term Work) Act 2003 (No. 29)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Redundancy Payments Acts 1967 to 2012

Terms of Employment (Information) Acts 1994 to 2012

Unfair Dismissals Acts 1977 to 2007


Number 29 of 2014


COMPETITION AND CONSUMER PROTECTION ACT 2014

REVISED

Updated to 27 September 2023


An Act to provide for the establishment of a body to be known in the Irish language as An Coimisiún um Iomaíocht agus Cosaint Tomhaltóirí or in the English language the Competition and Consumer Protection Commission, to provide for the dissolution of the Competition Authority and the National Consumer Agency, to amend the law relating to media mergers and for that and other purposes to amend the Competition Act 2002, the Central Bank Act 1942, the Consumer Protection Act 2007, the Criminal Justice Act 2011 and the Communications (Retention of Data) Act 2011, and to provide for related matters. [28 th July, 2014]

Be it enacted by the Oireachtas as follows: