Competition Act, 2002

• Permanent Page URL

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.