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14 2002

COMPETITION ACT, 2002

PART 4

The Competition Authority

The Competition Authority.

29. —(1) Notwithstanding the repeals effected by section 48 , the Authority shall continue in being.

(2) The Authority shall be a body corporate with perpetual succession and power to sue and be sued in its own name and, with the consent of the Minister, to acquire, hold and dispose of land or an interest in or rights over or in respect of land or any other property.

(3) The Authority shall be independent in the performance of its functions.

Functions of the Authority.

30. —(1) The Authority shall have, in addition to the functions assigned to it by any other provision of this Act or of any other enactment, the following functions:

(a) to study and analyse any practice or method of competition affecting the supply and distribution of goods or the provision of services or any other matter relating to competition (which may consist of, or include, a study or analysis of any development outside the State);

(b) to carry out an investigation, either on its own initiative or in response to a complaint made to it by any person, into any breach of this Act that may be occurring or has occurred;

(c) to advise the Government, Ministers of the Government and Ministers of State concerning the implications for competition in markets for goods and services of proposals for legislation (including any instruments to be made under any enactment);

(d) to publish notices containing practical guidance as to how the provisions of this Act may be complied with;

(e) to advise public authorities generally on issues concerning competition which may arise in the performance of their functions;

(f) to identify and comment on constraints imposed by any enactment or administrative practice on the operation of competition in the economy;

(g) to carry on such activities as it considers appropriate so as to inform the public about issues concerning competition.

(2) The Minister may request the Authority to carry out a study or analysis of any practice or method of competition affecting the supply and distribution of goods or the provision of services or any other matter relating to competition and submit a report to the Minister in relation to the study or analysis; the Authority shall comply with such a request within such period as the Minister may specify in the request.

(3) The Authority may delegate the performance of any of the functions assigned to it by this Act or any other enactment to any member of the Authority or to any member of its staff.

(4) Notwithstanding subsection (3), the Authority may not delegate the performance of the following functions—

(a) functions under section 4 (3),

(b) the power to initiate proceedings for an offence under section 6 or 7, for relief under section 14 or for an offence under section 26 ,

(c) the power to make determinations under section 22 ,

(d) functions under sections 33, 39, 42 and 43.

Investigations of the Authority — general provisions.

31. —(1) The Authority may, for the purposes of its functions under this Act, do all or any of the following things:

(a) summon witnesses to attend before it,

(b) examine on oath (which the Authority, or any member of staff of the Authority duly authorised by the Authority, is by this section authorised to administer) the witnesses attending before it,

(c) require any such witness to produce to the Authority any document in his or her power or control.

(2) A witness before the Authority pursuant to subsection (1)(a), shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(3) A summons to be issued for the purposes of subsection (1)(a) shall be signed by a member of the Authority.

(4) Any person who—

(a) on being duly summoned as a witness before the Authority makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Authority to be taken, or to produce any document in his or her power or control legally required by the Authority to be produced by him or her, or to answer any question to which the Authority may legally require an answer, or

(c) does any other thing which, if the Authority were a court having power to commit for contempt of court, would be contempt of such court,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

Prohibition on unauthorised disclosure of information.

32. —(1) A person shall not disclose information that—

(a) comes into the possession of the Authority by virtue of the exercise by it of its powers under this Act to obtain information, or

(b) comes into the possession of the Authority in the course of a meeting of the Authority held in private at which he or she is present.

(2) Subsection (1) shall not apply to—

(a) a communication made by a member of the Authority, a member of staff of the Authority or an authorised officer in the performance of any of his or her functions under this Act, being a communication the making of which was necessary for the performance by the member or officer of any such function, or

(b) the disclosure of information in a report of the Authority or for the purpose of legal proceedings under this Act or pursuant to an order of a court of competent jurisdiction for the purposes of any proceedings in that court, or

(c) the disclosure by a member of the Authority, a member of staff of the Authority or an authorised officer to any member of the Garda Síochána of information which, in the opinion of the member or member of staff of the Authority or authorised officer, may relate to the commission of an offence (whether an offence under this Act or not).

(3) If any person contravenes subsection (1) he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(4) A person who suffers loss or harm as a result of a contravention of subsection (1) shall be entitled to bring proceedings against the person referred to in subsection (5) in any court of competent jurisdiction seeking one, or more than one as appropriate, of the following reliefs in respect of that loss or harm:

(a) relief by way of injunction or declaration,

(b) damages.

(5) The person mentioned in subsection (4) is—

(a) if the person who contravened subsection (1) is other than a member or a member of staff of the Authority or an authorised officer, that person,

(b) if the person who contravened subsection (1) is a member or a member of staff of the Authority or an authorised officer and the relief sought, or to the extent that the relief sought, in the proceedings is—

(i) relief referred to in subsection (4)(a), that person,

(ii) relief referred to in subsection (4)(b), the Authority.

(6) An action under subsection (4) shall be regarded as an action founded on tort.

(7) The Authority shall be entitled, in any proceedings, to the same privilege in respect of a communication to or by the Authority, any member of the Authority or any member of staff of the Authority as any Minister of the Government.

Strategic plans and work programmes.

33. —(1) As soon as practicable after the commencement of this section, and thereafter within 6 months before each third anniversary of such commencement, the Authority shall prepare and submit to the Minister a plan (in this section referred to as a “strategic plan”) for the ensuing 3 year period.

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Authority.

(3) The Minister shall, as soon as practicable after a strategic plan has been submitted to him or her under subsection (1), cause a copy of it to be laid before each House of the Oireachtas.

(4) The Authority shall prepare and submit to the Minister by the end of each year a programme of the activities it proposes to carry on in the following year.

(5) Such a programme shall be prepared in such form and manner as may be directed by the Minister.

Provisions for co-operation between the Authority and statutory bodies.

34. —(1) There shall, as soon as practicable after the commencement of this section, be entered into between the Authority and every one of the statutory bodies one or more agreements for the purposes of—

(a) facilitating co-operation between the Authority and the statutory bodies in the performance of their respective functions in so far as they relate to issues of competition between undertakings,

(b) avoiding duplication of activities by the Authority and any of the statutory bodies, being activities involving the determination of the effects on competition of any act done, or proposed to be done, and

(c) ensuring, as far as practicable, consistency between decisions made or other steps taken by the Authority and the statutory bodies in so far as any part of those decisions or steps consists of or relates to a determination of any issue of competition between undertakings,

and each such agreement that is entered into is referred to in this section as a “co-operation agreement”.

(2) It shall not be necessary, for the purposes of subsection (1), that the same statutory bodies be party to each agreement entered into with the Authority in pursuance of that subsection.

(3) A co-operation agreement shall include—

(a) a provision enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance by it of any of its functions,

(b) a provision enabling each party to forbear to perform any of its functions in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter, and

(c) a provision requiring each party to consult with any other party before performing any functions in circumstances where the respective exercise by each party of the functions concerned involves the determination of issues of competition between undertakings that are identical to one another or fall within the same category of such an issue, being a category specified in the agreement.

(4) A co-operation agreement may be varied by the parties concerned.

(5) The Minister and the relevant Minister or Ministers shall, within 6 months after the commencement of this section, each be furnished by one of the parties concerned with a copy of every co-operation agreement that has been entered into.

(6) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as practicable after the making of the agreement or variation, notice of its making shall be published by the parties in such manner as they think fit.

(7) Such a notice shall state that a copy of the agreement concerned (including the agreement as varied) may be inspected at such place, or by such means as is specified in the notice and that a copy of the agreement may be purchased from the parties in such manner as is so specified (and a copy of the agreement shall, accordingly, be made available for such inspection and be made available for such purchase (at a cost not exceeding the reasonable cost of making a copy or, where appropriate, such cost and the amount of any postage involved)).

(8) Without prejudice to subsection (9), nothing in any enactment shall be construed as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.

(9) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (3)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

(10) A failure by the Authority or a statutory body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

(11) The Minister may, after consultation with the other Minister of the Government concerned, by order—

(a) amend column (1) of Schedule 1 by adding to, or deleting from, that column any person, and

(b) in consequence of that amendment, amend column (2) of that Schedule by adding to, or deleting from, that column the title of a Minister of the Government, being the Minister of the Government who has responsibility for the first-mentioned person.

(12) In this section—

“issue of competition between undertakings” includes an issue of competition between undertakings that arises generally in the sector or sectors of activity in relation to which the Authority or the statutory body may exercise powers and such an issue that falls, or could fall, to be the subject of the exercise by the Authority or the statutory body of powers in particular circumstances;

“party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are 2 or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate;

“relevant Minister” means the Minister of the Government specified in column (2) of Schedule 1 opposite the mention in column (1) of that Schedule of a person who is a party to a co-operation agreement proposed to be notified under subsection (5).

Membership.

35. —(1) The membership of the Authority shall consist of—

(a) a chairperson and such number of other whole-time members, not being less than 2 nor more than 4, as the Minister determines and appoints (but that limitation on numbers does not affect an appointment under paragraph (b)),

(b) in any case where it appears to the Minister that a member referred to in paragraph (a) is temporarily unable to discharge his or her duties, a whole-time member appointed by the Minister, for all or part of that period of inability, to act in that member's place, and

(c) such number of part-time members as the Minister may determine and appoint.

(2) Without prejudice to subsection (1)(b), where it appears to the Minister that the chairperson of the Authority is temporarily unable to discharge his or her duties, the Minister may authorise another whole-time member to act, for all or part of that period of inability, in the chairperson's place and for so long as such a member is so authorised references in this Act to the chairperson of the Authority shall be construed as including references to that member.

(3) Subject to subsection (4), sections 15 and 17 of the Civil Service Commissioners Act, 1956 , shall apply, with any necessary modifications, in relation to appointments of members of the Authority as they apply in relation to appointments to positions in the civil service and, accordingly, the Minister shall not appoint a person to be such a member unless the Civil Service Commissioners, after holding a competition under that section 15, have, under that section 17, selected the person for appointment and advised the Minister accordingly.

(4) Subsection (3) does not apply to an appointment under paragraph (b) or (c) of subsection (1) or the reappointment under that subsection of a person as a member of the Authority (including a person who was such a member immediately before the commencement of this section).

(5) An appointment under paragraph (b) or (c) of subsection (1) shall not be made unless the proposed appointee possesses, in the opinion of the Minister, sufficient expertise in or experience of one or more of the following areas, namely — law, economics, public administration, consumer affairs, or business generally.

(6) The term of office of a member of the Authority shall be fixed by the Minister when appointing him or her and shall not exceed 5 years.

(7) An outgoing member of the Authority shall be eligible for reappointment.

(8) Each member of the Authority shall hold office on such conditions as may be fixed by the Minister after consultation with the Minister for Finance.

(9) A member of the Authority may be paid such remuneration, if any, as the Minister with the consent of the Minister for Finance determines.

(10) Subject to subsection (3), the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 and 1958, shall not apply to the office of a member.

(11) If a member of the Authority is personally interested in a particular matter with which the Authority is dealing, he or she shall inform the Minister accordingly and shall not act as a member during the consideration of the matter.

(12) The Minister may remove from office a member of the Authority who has become incapable through ill-health of performing efficiently his or her duties as such member or whose removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the Authority.

(13) Where the Minister removes a member of the Authority from office, he or she shall lay before each House of the Oireachtas a statement in writing of the reasons for such removal.

(14) A member of the Authority may resign his or her office.

Disqualification.

36. —(1) Where a member of the Authority is—

(a) nominated as a member of Seanad Éireann, or

(b) elected as a member of either House of the Oireachtas or of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act, 1997 , as having been elected to the European Parliament,

he or she shall thereupon cease to be a member of the Authority.

(2) A person who is for the time being entitled—

(a) under the Standing Orders of either House of the Oireachtas to sit therein, or

(b) under the rules of procedures of the European Parliament to sit therein,

shall, while so entitled, be disqualified from being a member of the Authority.

(3) A member of the Authority shall be disqualified from holding and shall cease to hold office if he or she is adjudicated bankrupt or makes a composition or arrangement with his or her creditors, or is sentenced by a court of competent jurisdiction to suffer any term of imprisonment.

Meetings and business.

37. —(1) The quorum for a meeting of the Authority shall be 3 members unless the Minister otherwise authorises.

(2) At a meeting of the Authority—

(a) the chairperson of the Authority shall, if present, be chairperson of the meeting.

(b) if and so long as the chairperson of the Authority is not present or if the office of chairperson is vacant, the members of the Authority who are present shall choose one of their number to be chairperson of the meeting.

(3) Every question at a meeting of the Authority shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) The Authority may act notwithstanding vacancies in its membership.

(5) Subject to this Act, the Authority may regulate its own procedures.

Functions and accountability of chairperson.

38. —(1) The chairperson of the Authority shall manage and control generally the staff, administration and business of the Authority.

(2) The chairperson of the Authority shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the chairperson or the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act, 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(3) In the performance of duties under subsection (2), the chairperson of the Authority shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

(4) The chairperson of the Authority shall, whenever required to do so by—

(a) a committee appointed by either House of the Oireachtas, the business of which committee includes examination of policy relating to competition, or

(b) a committee appointed jointly by both Houses of the Oireachtas, the business of which committee includes examination of such policy,

attend before such committee to discuss the general activities of the Authority.

Staff.

39. —(1) The Authority may appoint such, and such number of, persons to be members of the staff of the Authority as it may determine with the consent of the Minister and the Minister for Finance.

(2) A member of staff of the Authority shall be paid out of moneys at its disposal such remuneration and allowances for expenses incurred by him or her as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(3) A member of staff of the Authority shall hold his or her office or employment on such other terms and conditions, as the Authority, with the consent of the Minister and the Minister for Finance, may determine.

(4) The grades of the staff of the Authority, and the numbers of staff in each grade, shall be determined by the Authority with the consent of the Minister and the Minister for Finance.

Seal of the Authority.

40. —(1) The Authority shall provide itself with a seal which shall be authenticated by the chairperson or some other member of the Authority authorised by it to act on its behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Authority and any document sealed with the seal shall be admissible in evidence.

Accounts and audits.

41. —(1) The Authority shall—

(a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be required by the Minister, and

(b) furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the performance by the Authority of its functions over a period of years.

(2) The Authority shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the sources of such income and the subject matter of such expenditure, and

(c) the property, assets and liabilities of the Authority,

and shall keep such other special accounts as the Minister may from time to time direct to be kept.

(3) The financial year of the Authority shall be the period of 12 months ending on the 31st day of December in any year.

(4) The Authority shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay such fee therefor as may be fixed by the Minister.

(5) The accounts of the Authority for each financial year shall—

(a) be prepared in such form and manner as may be specified by the Minister, and

(b) be prepared by the Authority as soon as practicable, but not later than 3 months, after the end of the financial year to which they relate for submission to the Comptroller and Auditor General for audit,

and a copy of the accounts and the auditor's report thereon shall be presented, as soon as practicable, to the Minister.

(6) The Minister shall cause a copy of the accounts and auditor's report referred to in subsection (5) to be laid before each House of the Oireachtas.

Annual report.

42. —(1) Within 2 months after the end of each financial year, the Authority shall publish a report of its activities during that year.

(2) Each report under subsection (1) shall contain information in such form and regarding such matters as the Minister may direct.

(3) Prior to the publication of each report under subsection (1), the Authority shall—

(a) furnish to the Minister a copy of the report, and

(b) arrange for a copy of the report to be laid before each House of the Oireachtas.

Grants and borrowing powers.

43. —(1) In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance, may sanction towards the expenses of the Authority in the performance of its functions.

(2) The Authority may, with the consent of the Minister given with the concurrence of the Minister for Finance, borrow temporarily such sums of money as the Authority may require for the purpose of providing for current expenditure by it.

Superannuation.

44. —(1) The Minister shall, with the consent of the Minister for Finance, make and carry out such a scheme or schemes for the granting of superannuation benefits to or in respect of the members of the Authority and the members of staff of the Authority as he or she may think fit.

(2) Every such scheme shall fix the time and conditions of retirement for all persons in respect of whom superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(3) The Minister may at any time, with the consent of the Minister for Finance, make and carry out a scheme or schemes amending or revoking a scheme under this section.

(4) No superannuation benefit shall be granted by the Minister nor shall any other arrangement be entered into by the Minister for the provision of such a benefit to or in respect of any member of the Authority or any member of the staff of the Authority otherwise than in accordance with a scheme under this section or, if the Minister, with the consent of the Minister for Finance, sanctions the granting of such a benefit, in accordance with that sanction.

(5) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(7) A scheme made under paragraph 5 of the Schedule to the Competition Act, 1991 , and in force immediately before the commencement of this section shall continue in force as if it were a scheme made under this section and may be amended or revoked accordingly.

(8) In this section “superannuation benefit” means a pension, gratuity or other allowance payable on resignation, retirement or death.

Authorised officers and their powers.

45. —(1) The Authority may appoint persons to be authorised officers for the purposes of this Act.

(2) For the purpose of obtaining any information necessary for the performance by the Authority of any of its functions under this Act, an authorised officer may, on production of a warrant issued under subsection (4) authorising him or her to exercise one or more specified powers under subsection (3), exercise that power or those powers.

(3) The powers mentioned in subsection (2) are the following:

(a) to enter, if necessary by force, and search premises at, or vehicles in or by means of, which any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business, is carried on,

(b) to enter, if necessary by force, and search any dwelling occupied by a director, manager or any member of staff of an undertaking that carries on an activity referred to in paragraph (a) or of an association of undertakings that carry on activities of the kind referred to in that paragraph, being, in either case, a dwelling as respects which there are reasonable grounds to believe records relating to the carrying on of that activity or those activities are being kept in it,

(c) to seize and retain any books, documents and records relating to an activity referred to in paragraph (a) found on any premises, vehicles or dwelling referred to in that paragraph or paragraph (b) and take any other steps which appear to the officer to be necessary for preserving, or preventing interference with, such books, documents and records,

(d) to require the person who carries on an activity referred to in paragraph (a) and any person employed in connection therewith to—

(i) give to the officer his or her name, home address and occupation, and

(ii) provide to the officer any books, documents or records relating to that activity which are in that person's power or control, and to give to the officer such information as he or she may reasonably require in regard to any entries in such books, documents or records,

(e) to inspect and copy or take extracts from any such books, documents and records,

(f) to require a person mentioned in paragraph (d) to give to the authorised officer any information he or she may require in regard to the persons carrying on the activity referred to in paragraph (a) (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith,

(g) to require a person mentioned in paragraph (d) to give to the authorised officer any other information which the officer may reasonably require in regard to the activity referred to in paragraph (a).

(4) A judge of the District Court may issue a warrant to an authorised officer for the purposes of subsection (2) if the judge is satisfied from information on oath that it is appropriate to do so.

(5) The powers specified in a warrant issued under subsection (4) may be exercised within 1 month after the date of issue of the warrant or such greater or lesser period as is specified in it.

(6) Any books, documents or records which are seized or obtained under subsection (3) may be retained for a period of 6 months, or such longer period as may be permitted by a judge of the District Court, or if within that period there are commenced any proceedings to which those books, documents or records are relevant, until the conclusion of those proceedings.

(7) Where the Authority or an authorised officer proposes to retain, pursuant to subsection (6), books, documents or records for a period longer than 14 days after the date on which they were seized or obtained by the authorised officer, the Authority or that officer shall, before the expiry of that period of 14 days, or such longer period with the consent of the person hereafter mentioned, furnish, on request, a copy of the books, documents or records to the person who it appears to the Authority or officer is, but for the exercise of the powers under this section, entitled to possession of them.

(8) A warrant issued under subsection (4) which authorises the exercise of the powers referred to in paragraph (a) or (b) of subsection (3) shall, unless it states that this subsection is not to apply, operate to authorise one or more members of the Garda Síochána to accompany the authorised officer concerned in his or her entry into any premises or dwelling concerned and to assist the officer in the exercise of any of his or her powers thereon.

(9) For the avoidance of doubt, nothing in subsection (8) affects the exercise by an authorised officer who is a member of the Garda Síochána of any power, which apart from that subsection, he or she could exercise by virtue of subsection (2) or otherwise.

(10) A person who obstructs or impedes an authorised officer in the exercise of a power conferred by this section or does not comply with a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or to both such fine and such imprisonment.

(11) In this section “records” includes, in addition to records in writing—

(a) discs, tapes, sound-tracks or other devices in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) films, tapes or other devices in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

(c) photographs,

and a reference to a copy of records includes, in the case of records falling within paragraph (a) only, a transcript of the sounds or signals embodied therein, in the case of records falling within paragraph (b), a still reproduction of the images embodied therein and, in the case of records falling within both of those paragraphs, such a transcript and such a still reproduction.

(12) The reference in subsection (2) to the functions of the Authority shall, for the purposes of this section, be deemed to include a reference to the investigation by the Authority of, and the taking by it of proceedings (whether civil or criminal) in relation to, any contravention of an enactment repealed by section 48 that it suspects has occurred.

(13) In—

(a) an action under section 14 , or

(b) proceedings for an offence under this Act,

the production to the court of a document purporting to be a warrant or other document whereby the Authority appointed, on a specified date, a person under this section to be an authorised officer for the purposes of this Act shall, without proof of any signature on it or that the signatory was the proper person to sign it, be sufficient evidence, until the contrary is proved, that the first-mentioned person is or, as the case may be, was at all material times (but not earlier than the date aforesaid) a person appointed under this section to be an authorised officer for the purposes of this Act.

Relationship of Authority with foreign competition bodies.

46. —(1) In this section “foreign competition body” means a person in whom there are vested functions under the law of another state with respect to the enforcement or the administration of provisions of that state's law concerning competition between undertakings (whether in a particular sector of that state's economy or throughout that economy generally).

(2) The Authority may, with the consent of the Minister, enter into arrangements with a foreign competition body whereby each party to the arrangements may—

(a) furnish to the other party information in its possession if the information is required by that other party for the purpose of performance by it of any of its functions, and

(b) provide such other assistance to the other party as will facilitate the performance by that other party of any of its functions.

(3) The Authority shall not furnish any information to a foreign competition body pursuant to such arrangements unless it requires of, and obtains from, that body an undertaking in writing by it that it will comply with terms specified in that requirement, being terms that correspond to the provisions of any enactment concerning the disclosure of that information by the Authority.

(4) The Authority may give an undertaking to a foreign competition body that it will comply with terms specified in a requirement made of the Authority by the body to give such an undertaking where—

(a) those terms correspond to the provisions of any law in force in the state in which the body is established, being provisions which concern the disclosure by the body of the information referred to in paragraph (b), and

(b) compliance with the requirement is a condition imposed by the body for furnishing information in its possession to the Authority pursuant to the arrangements referred to in subsection (2).

Information relating to offences under this Act may be disclosed to Authority.

47. —Notwithstanding any other law, information which, in the opinion of—

(a) the Director of Corporate Enforcement,

(b) a member of the Garda Síochána, or

(c) such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to him or her to be concerned,

may relate to the commission of an offence under this Act may be disclosed by that Director, member or other person to the Authority, a member or a member of staff of the Authority or an authorised officer.