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The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (FitFlop)

e-Competitions, N°51262, April 2013

5 Pages Posted: 28 Mar 2013  

Marek Martyniszyn

Queen's University Belfast - School of Law

Anna Louise Hinds

National University of Ireland, Galway (NUIG) - School of Law

Date Written: April 1, 2013

Abstract

The Irish Competition (Amendment) Act 2012 introduced court-endorsed commitment agreements to Irish competition law. The new section 14B of the principal Competition Act 2002 provides for making commitment agreements between the Irish Competition and undertakings an order of the Irish High Court. This piece, first, investigates the prior Irish practice regarding commitment or settlement agreements and its legal basis. It looks then into the newly introduced rules on court-endorsed commitment agreements. Finally, before concluding, it points to the first instance of their application — to an order issued by the High Court in the FitFlop case in December 2012, which came into effect in February 2013.

Keywords: Irish Competition Law, commitment agreements, settlements

JEL Classification: L40, K21

Suggested Citation

Martyniszyn, Marek and Hinds, Anna Louise, The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (FitFlop) (April 1, 2013). e-Competitions, N°51262, April 2013. Available at SSRN: https://ssrn.com/abstract=2240666

Marek Martyniszyn (Contact Author)

Queen's University Belfast - School of Law ( email )

27-30 University Square
Belfast, Northern Ireland BT7 1NN
United Kingdom
+44 28.9097.3495 (Phone)
+44 28.9097.3376 (Fax)

HOME PAGE: http://go.qub.ac.uk/Martyniszyn

Anna Louise Hinds

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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