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Competition Law Proposals
PRACTICE AREA GROUP: EU, Competition and Regulatory
The Minister for Jobs, Enterprise and Innovation has published the Competition (Amendment) Bill 2011. The main objective of the Bill is to strengthen competition law enforcement and provide for new and increased sanctions and penalties.
The Bill includes provisions to distinguish between private enforcement and public enforcement of civil actions with regard to competition law and provides for separate public enforcement provisions to be taken by the Competition Authority.
It provides for amendment of Section 160 of the Companies Act 1990. The provision will allow a Court either on its own motion or on foot of an application to it from either the Competition Authority or ComReg to order that a person shall not be appointed as a company director as a result of an infringement of offences under the Competition Act 2002 - other than indictable offences which already result in automatic disqualification.
The Bill also aligns certain fines with the classifications contained in the Fines Act 2010.