Ireland Opens Consultation on Competition Adjudication Rules and Guidelines

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The Competition and Consumer Protection Commission (CCPC) has initiated a public consultation on its draft rules governing oral hearings in competition adjudication, as well as draft guidelines concerning the conduct of competition adjudication proceedings.

The consultation follows major reforms introduced by the Competition (Amendment) Act 2022, which came into force in September 2023. The Act significantly strengthened Ireland’s competition enforcement framework by establishing a new administrative enforcement regime. Under this system, the CCPC may, through independent adjudication officers and subject to court approval, issue decisions on alleged infringements of EU and Irish competition law. Where infringements are found, the CCPC may impose non-criminal financial sanctions.

A key feature of the 2022 Act is the creation of the role of adjudication officer. A panel of independent adjudication officers has recently been appointed for a five-year term following nominations submitted by the CCPC to the Minister for Enterprise, Trade and Employment. These officers are empowered to make decisions on behalf of the CCPC and to exercise functions assigned under the Competition Act 2002. The Act also established the position of Chief Adjudication Officer, a role assumed earlier this year by Brian Kennedy SC.

The CCPC emphasises that stakeholder submissions are essential in shaping its policies and procedures. It has already undertaken several consultations on administrative competition enforcement, which are available on its website.

Participants in the current consultation are requested to identify the relevant section and paragraph number when providing feedback.