The Competition and Consumer Protection Commission, CCPC, is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Its search powers for the purposes of investigating alleged breaches of competition law are set out in section 37 of the Competition and Consumer Protection Act 2014 (the “2014 Act”). Section 37 of the 2014 Act gives the CCPC significant powers of entry, search and seizure in the context of competition law investigations. For the purpose of obtaining any information which may be required in relation to a matter under investigation, these powers include the power (i) to enter a place (if necessary by reasonable force) and to search that place, (ii) to seize and retain books, documents or records found at the place, and (iii) to inspect and take copies of or extracts from any such books, documents or records. In order to exercise these powers, the CCPC must first obtain a search warrant from the District Court.
The CCPC (and formerly the Competition Authority) has been very active in enforcing competition law. To date, the CCPC and the Competition Authority have assisted the DPP in securing 35 convictions on indictment for cartel offences. These cases have resulted in the criminal courts imposing fines totalling €646,500. This year also saw Ireland’s first conviction for bid-rigging following an investigation by the CCPC.
The CCPC’s search and seizure powers under section 37 of the 2014 Act were recently challenged by CRH plc. CRH brought an action in the High Court arising from an unannounced search carried out by the CCPC at the premises of CRH’s subsidiary, Irish Cement Limited, on 14 May 2015 as part of an ongoing investigation by the CCPC into alleged anti-competitive practices in the bagged cement sector. CRH argued that certain emails in the mailbox of one of the directors of Irish Cement, which had been seized by the CCPC during the search, were unrelated to the business of Irish Cement and were therefore not entitled to be seized. The High Court ruled in favour of CRH in April 2016. In May 2017, the Supreme Court dismissed an appeal brought by the CCPC against the High Court’s judgment. I understand the CCPC is continuing to consider the Supreme Court’s judgment and to assess its implications for its investigative functions.
