A Recent Development in Civil Enforcement of Competition Law in Ireland: Section 14B Court Orders

A new more effective civil enforcement tool – a Section 14B Court Order – was introduced in 2012 to enhance Ireland’s competition law. Breaching such an order is contempt of court. Fines can be imposed by the courts for contempt, but not for civil breaches of competition law. Notwithstanding the advantages of Section 14B Court Orders, since 2012 the Competition and Consumer Protection Commission, Ireland’s competition agency, has only used such orders on only one occasion – in 2012. There have, however, been a number of other cases where the evidence, albeit limited, suggests that such orders would have been a credible option