How does competition law apply to my business?
Why is competition important for your business and consumers?
Competition benefits everyone, businesses, consumers, and the economy. It encourages innovation, better value, and choice. The CCPC enforces Irish and EU competition law, ensuring fair markets. This page explains what competition law means for your business, what behaviours are prohibited, how to comply, and what to do if you suspect anti-competitive practices. For more information on competition law, visit our enforcement section.
Competition encourages businesses to compete for customers, leading to lower prices, more choice, and better quality. It results in open, dynamic markets with increased productivity, innovation, and better value for everyone.
Who enforces competition law in Ireland?
The CCPC enforces Irish and EU competition law. Irish law is contained in various pieces of legislation, with the most important principles set out in sections 4 and 5 of the Competition Act 2002.
EU law is contained in Articles 101 and 102 of the Treaty on the Functioning of the European Union. These prohibit the same conduct as Irish law where trade between EU Member States is affected.
The Commission for Communications Regulation (ComReg) also enforces these laws in the electronic communications sector.
What constitutes anti-competitive behaviour?
Competition law prohibits businesses from:
- Entering into anti-competitive agreements or concerted practices (formal or informal, written or verbal)
- Abusing a dominant position
Examples of anti-competitive agreements include:
- Fixing prices
- Limiting or controlling production or markets
- Sharing markets or sources of supply
- Colluding on bids
- Applying different conditions to equivalent transactions to disadvantage competitors
Abuse of a dominant position
Having a dominant position is not illegal, but abusing it is. You may be dominant if you can act without considering competitors or customers, for example, by raising prices because customers have few alternatives.
You will not breach the law if your competitiveness simply wins customers from less efficient rivals—this is healthy competition.
How can you protect your business from anti-competitive behaviour?
Be vigilant and report suspicions to the CCPC. This behaviours includes:
- Cartels
- Abuse of dominance
- Bid-rigging
- Excessive pricing
- Price fixing
- Resale price maintenance
- Other restrictive agreements
The CCPC provides information and guidance for business on identifying, avoiding and reporting anti competitive behaviour.
Guidance on competition law breaches
How can your business comply with competition law?
Introduce a compliance programme:
- Promote a culture of compliance from top management down
- Train staff to recognise anti-competitive practices
- Review compliance regularly
Checklist for preventing cartel behaviour:
- Make pricing decisions independently
- Keep competitor meetings strictly controlled and documented
- Avoid discussing prices, customers, or markets
- Leave any meeting where anti-competitive topics arise and report it
- Seek legal advice before agreements with competitors
- Never agree (even informally) to fix prices, share markets, or rig bids
What should you do if you suspect anti-competitive behaviour?
You can report anti-competitive behaviour through our online webform. If involved in a cartel, you may apply for the Cartel Immunity Programme or leniency programme for reduced penalties.
What are the penalties for breaching competition law?
Breaches can lead to civil or criminal sanctions. See our enforcement section for details.
What are the rules on mergers and acquisitions?
The CCPC enforces merger control under Part 3 and Part 3A of the Competition Act. Learn more about mergers.
