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. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, the Minister for Business, Enterprise and Innovation has no direct function in the matter.
The following table details the relevant information regarding the fines imposed on undertakings and individuals arising from cases investigated by the CCPC. It is important to note that, with the exception of Fixed Payment Notices, fines following a summary prosecution are imposed by the Courts and payments are made to the relevant District Court Office and not to the CCPC. Fines imposed in criminal proceedings are the responsibility of the courts. The CCPC itself collects Fixed Payment Notices from relevant traders.
- Criminal breaches of competition law - the CCPC’s role is to investigate alleged cartels and if sufficient evidence of a cartel is obtained, the CCPC role involves the submission of a file to the Director of Public Prosecutions (DPP) with a recommendation as to prosecution. It is the DPP that initiates the court prosecution and not the CCPC.
- Civil breaches of competition law - the objective of a non-criminal law investigation is to determine if there is sufficient evidence of a breach and to take appropriate actions. Civil breaches of competition law are enforced through the civil courts and have to be proven on a balance of probabilities. With respect to these breaches the most the CCPC can achieve through the Courts at present is to: (i) seek a declaration of an infringement; (ii) seek commitments from a business that they will cease the practice; and/or (iii) obtain an injunction against the business doing the same action again. Financial sanctions cannot be imposed.
- Consumer protection law - A criminal prosecution for a trader who has broken the law is the ultimate enforcement sanction available to the CCPC. The level of fines and penalties following a successful prosecution are set out in the various consumer protection statutes and are imposed by the courts.
- Compensation orders - can be imposed instead of or in addition to fines. If the compensation order is not paid then the consumer may enter judgement in the court and is enforceable in the same manner as civil proceedings. The CCPC does not enforce the payment of compensation orders.
- Fixed Payment Notice - The Consumer Protection Act enables the CCPC to issue a fixed payment notice (FPNs) in respect of contraventions of primarily price display legislation. FPNs can also issue for breaches of law giving effect to the Consumer Rights Directive. This sanction may be used as an alternative to prosecution. The penalty is €300 and must be paid within 28 days. Failure to pay will result in prosecution.
- Note - the CCPC’s 2018 Consumer Protection List (which details all enforcement action under consumer protection law for the year) is currently being finalised and therefore not included in the excel spreadsheet.
Year
|
Business Practice
|
Against
|
Outcome
|
Sentence
|
Total value
|
Paid
|
Additional Information
|
|
Consumer Protection law - Misleading Commercial Practice
|
Timmy Keane
|
Convicted
|
Fined €500 & €7,000 compensation order
|
€7,500
|
Not collected by CCPC
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
VK Motors Ltd
|
Convicted
|
Fined €500
|
€500
|
Not collected by CCPC
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
Brian Fassnidge
|
Convicted & sentenced in 2015
|
€4,000 in fines €10,000 in costs €1,000 in compensation to consumers€17,200 repaid to the affected consumers.
|
€32,200
|
Not collected by CCPC
|
|
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002
|
Against 43 traders listed in the CCPCs 2014 CPL
|
Notices issued by the CCPC
|
€300 per Fixed Payment Notice (FPN)
|
€12,900
|
Y
|
|
2014
|
Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order, 1999 - 1 FPN issued
|
Against1 trader listed in the CCPCs 2014 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€300
|
Y
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
Castletown Motors
|
Not guilty
|
NA
|
NA
|
NA
|
|
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002
|
Against 31 traders listed in the CCPC's 2015 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€9,300
|
Y
|
|
2015
|
Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order 1999.
|
Against 2 traders listed in the CCPC's 2015 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€600
|
Y
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
Timmy Keane
|
Convicted
|
€5,000 compensation order
|
€5,000
|
Not collected by CCPC
|
|
|
Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
|
Against 1 trader listed in the CCPC's 2016 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€300
|
Y
|
|
2016
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002
|
Against 27 traders listed in the CCPC's 2016 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€8,100
|
Y
|
|
|
Competition law - Bid rigging
|
Aston Carpets
|
Convicted following a guilty plea.
|
Fined €10,000
|
€10,000
|
Not collected by CCPC
|
Cases prosecuted by the DPP on foot of a file referred by the CCPC
|
|
Competition law - Bid rigging
|
Brendan Smyth
|
Convicted following a guilty plea
|
3 month suspended sentence & fined €7,5000
|
€7,500
|
NA (see below)
|
Cases prosecuted by the DPP on foot of a file refered by the CCPC
|
|
Consumer Protection law - Misleading Commercial Practice
|
Timmy Keane
|
Convicted
|
6 month suspended sentence €5,000 compensation order
|
€5,000
|
Not collected by CCPC
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
Jonathan McSherry
|
Convicted
|
3 month imprisonment
|
|
NA
|
|
|
Consumer Protection law - Misleading Commercial Practice
|
Mr Oleksandr Matveyshyn
|
Convicted
|
€500 fine, €8,000 compensation order & €1,000 costs
|
€9,500
|
Not collected by CCPC
|
|
|
Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002
|
Against 33 traders listed in the CCPC's 2017 CPL
|
Notices issued by the CCPC
|
€300 per FPN
|
€9,900
|
Y
|
|
|
FPNs issued to traders who failed to display a notice as required by Article 3 of the Retail Price (Beverages in Licensed Premises) Display Order 1999
|
Against 1 trader listed in the CCPC's 2017 CPL
|
Notice issued by the CCPC
|
€300 per FPN
|
€300
|
Y
|
|
2017
|
Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
|
Against 1 trader listed in the CCPC's 2017 CPL
|
Notice issued by the CCPC
|
€300 per FPN
|
€300
|
Y
|
|
2018
|
Competition law - Bid rigging
|
Brendan Smyth
|
Leniency of sentence appealed
|
Fine increased to €45,000
|
€45,000
|
Currently engaging with the Courts Services as to time period allowed for discharge of fine
|
Appeal was made by the DPP
|