The Competition Authority is an independent statutory body that investigates alleged breaches of the Competition Act 2002 and recommends prosecution to the Director of Public Prosecutions (DPP). The DPP has sole responsibility for prosecuting offences on indictment and almost all cartels will be prosecuted on indictment given the seriousness of this type of offence.

The Competition Authority in conjunction with the DPP operates a Cartel Immunity Programme.  It provides a means to break the secrecy surrounding cartel agreements and is a vital weapon in the fight against cartels.

Applications for immunity under this programme are made to the Authority. However it should be noted that only the DPP can grant immunity from prosecution.

If you are a member of a cartel, you could avoid prosecution. Subject to the requirements set out in the Cartel Immunity Programme, the Authority will make a recommendation to the DPP to grant immunity only if you are the first to come forward to confess your involvement in illegal cartel activity and before the Authority has decided that it has gathered sufficient evidence to warrant a referral of a completed investigation file into the particular cartel to the DPP.  You may then avoid substantial fines and jail time.  The clear benefit of the programme is the possibility of immunity from prosecution for the first person to come forward and co-operate fully with an investigation.

In order to qualify for immunity, you should come forward as soon as possible and before the Authority has gathered enough evidence to complete its investigation.  You must take effective steps to terminate your participation in the illegal activity.  You must do nothing to alert your former associates that you have applied for immunity under the programme.  Prior to approaching the Authority, you must not have forced another party to participate in the cartel, nor should you have acted as an instigator in the cartel.

Throughout the course of the investigation you must be completely co-operative.  In particular, you must reveal all offences in which you were involved, and you must provide full and truthful disclosures.  In the case of a company or corporation, the application for immunity must be a corporate act.

Applications for immunity must be made to the designated officer in the Competition Authority.  Contact with the designated officer must be in person or by telephone. 

The designated officer can be contacted on 087 763 1378 between the hours of 10am and 4pm Monday to Friday, except public or bank holidays.

On 15 July 2010, the Competition Authority launched a consultation calling for submissions on a review of the Cartel Immunity Programme.  Interested parties are asked to submit their views to the Authority no later than Friday 3 September 2010.  Details on the proposed changes and the Consultation Paper can be found here.