Update on possible additional powers for Irish Competition Agency

On 12 August 2020, Ireland's Department of Business, Enterprise and Innovation published a press release about a meeting between: (a) the Minister for Trade Promotion, Digital and Companies Regulation, Robert Troy TD and (b) Ireland's Competition and Consumer Protection Commission (CCPC).

The meeting was held on 12 August 2020. 

One of the issues discussed at the meeting related to possible increased powers for the CCPC. Minister Troy noted the collaborative approach being taken to the preparation of the necessary legislation. The Minister noted that this must be a priority in the next Dáil session and he will be discussing with Government colleagues in relation to same. “This legislation, once enacted, will meet the Programme for Government commitment to give the CCPC and ComReg additional enforcement powers”, he said.

It is not clear whether these extra powers would be due to the implementation in Ireland of the EU's ECN+ Directive or could relate to new Irish measures or indeed a combination of both. Irish competition law has been amended many times over the years – usually following calls from the CCPC (and its predecessor, the Competition Authority) for new or additional powers. There have been reforms primarily in 1991, 1996, 2002, 2006, 2010, 2012, 2014 and 2017. Competition law is one of the most reformed areas of Irish law in modern times. It is possible that it could be reformed again – probably in 2021 – watch this space!

For more information on this topic please contact Dr Vincent Power, Partner or any member of A&L Goodbody's EU, Competition & Procurement team.

Date published: 14 August 2020