Tuesday, May 7, 2013
The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (FitFlop)
Posted by D. Daniel Sokol
Marek Martyniszyn, Loyola University Chicago School of Law, Institute for Consumer Antitrust Studies; University College Dublin - School of Law and Anna Louise Hinds, National University of Ireland, Galway (NUIG) - Faculty of Law note that The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (FitFlop).
ABSTRACT: The Irish Competition (Amendment) Act 2012 introduced court-endorsed commitment agreements to Irish competition law. The new section 14B of the principal Competition Act 2002 provides for making commitment agreements between the Irish Competition and undertakings an order of the Irish High Court. This piece, first, investigates the prior Irish practice regarding commitment or settlement agreements and its legal basis. It looks then into the newly introduced rules on court-endorsed commitment agreements. Finally, before concluding, it points to the first instance of their application — to an order issued by the High Court in the FitFlop case in December 2012, which came into effect in February 2013.