Competition Act, 1991
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Right of action. |
6.—(1) Any person who is aggrieved in consequence of any agreement, decision, concerted practice or abuse which is prohibited under section 4 or 5 shall have a right of action for relief under this section against any undertaking which is or has at any material time been a party to such agreement, decision or concerted practice or has been guilty of such abuse. | |
(2) (a) Subject to paragraph (b), an action under this section shall be brought in the High Court. | ||
(b) An action under this section may be brought in the Circuit Court in respect of any abuse which is prohibited under section 5 but any relief by way of damages, including exemplary damages, shall not, except by consent of the necessary parties in such form as may be provided for by rules of court, be in excess of the limit of the jurisdiction of the Circuit Court in an action founded on tort. | ||
(3) The following reliefs, or any of them, may be granted to the plaintiff in an action under this section: | ||
(a) relief by way of injunction or declaration, | ||
(b) subject to subsection (6), damages, including exemplary damages. | ||
(4) The Minister shall have a right of action, in respect of an agreement, decision or concerted practice or an abuse which is prohibited under section 4 or 5 , for the reliefs specified in subsection (3) (a). | ||
(5) (a) Where in proceedings under this section it is finally decided by the Court that an agreement, decision or concerted practice which is in question infringes the prohibition in section 4 (1), any certificate in force under section 4 (4) in relation to that agreement, decision or concerted practice shall thereupon cease to have force and effect as from the date of the order of the Court and the Court shall cause a certified copy of the said order to be served on the Authority. | ||
(b) The Authority shall, as soon as may be, cause notice of the fact that, pursuant to paragraph (a), its certificate has ceased to have force and effect to be published in Iris Oifigiúil. | ||
(6) Where there is or has been in force a certificate pursuant to section 4 (4) in relation to an agreement, decision or concerted practice, and that certificate has not been revoked under section 8 (6) (b), a claimant shall not be entitled to damages pursuant to this section for a contravention of the prohibition in section 4 (1) in any proceedings under this section commenced after the issue of that certificate for loss suffered in consequence of that agreement, decision or concerted practice in respect of the period during which the certificate is or has been in force, but this subsection shall not prejudice any right to damages for a contravention of the prohibition in section 5 . | ||
(7) This section shall not apply to any agreement, decision or concerted practice to which section 7 (2) applies which has been duly notified to the Authority until the Authority has decided to grant or refuse to grant a licence under section 4 (2), or to issue a certificate or not to issue a certificate under section 4 (4), in relation thereto and any appeal to the Court under section 9 in relation to the licence or the certificate has been concluded. | ||
(8) The Authority shall as soon as may be cause to be published in Iris Oifigiúil any decision of the Authority referred to in subsection (7) and a copy of any such notice shall be prima facie evidence of the making and content of such decision and of the date thereof in any action under this section. |