Revised Acts
This Act
Download PDFs
On the eISB
Competition and Consumer Protection Act 2014
F30[Notice and publication of decision of Commission
46H. (1) The Commission shall, as soon as is practicable after making a decision under section 46G, give notice in writing of the decision to the inquiry subject.
(2) The notice under subsection (1) shall set out the decision made and the reasons for it.
(3) If the Commission decides that a relevant infringement has occurred, the notice shall also—
(a) state that the decision does not take effect unless it is confirmed on appeal under section 46L or on summary application under section 46M, and
(b) state that, if the inquiry subject does not appeal under section 46L, the Commission shall, as soon as is practicable after the expiration of the period for the making of an appeal referred to in section 46L(1), make an application in a summary manner for confirmation of the decision under section 46M.
(4) If the Commission decides to impose an administrative fine, the notice shall also—
(a) state that the inquiry subject may make submissions in relation to the application of section 46K to the determination of the amount of the fine,
(b) state either that—
(i) those submissions may be made at an oral hearing, under section 46I(2)(a), on a date specified in the notice, or
(ii) those submissions may be made in writing, under section 46I(2)(b), within a period specified in the notice in accordance with that section,
and
(c) state that the Commission may request further information under section 46I(3).
(5) Where the decision made under section 46G relates to a relevant infringement, the Commission may publish the decision on a website maintained by it and that publication shall include the following matters:
(a) the name of the inquiry subject;
(b) the nature of the suspected infringement to which the relevant investigation related;
(c) the reasons for the decision;
(d) such other particulars, reports or material as the Commission considers appropriate.
(6) The Commission may provide a copy of a notice referred to in subsection (1) to—
(a) the Commission for Communications Regulation,
(b) the Data Protection Commission,
(c) Oifig IS na hÉireann, and
(d) any other person where it considers it appropriate to do so.
(7) A person who receives a copy of a notice under subsection (6) prior to the publication of the decision under subsection (5) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the notice, including any content redacted in accordance with subsection (9) from a decision published under subsection (5), to any other person.
(8) A person who, without reasonable excuse, contravenes subsection (7) shall be guilty of a category 2 offence.
(9) The Commission may, for the purposes of publication under subsection (5), redact any particulars which appear to the Commission—
(a) to be commercially sensitive, or
(b) to relate to the commission of an offence.]
Annotations
Amendments:
F30
Inserted (31.07.2026) by Regulation of Artificial Intelligence Act 2026 (31/2026), s. 136, S.I. No. 403 of 2026.