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How do I make a complaint?
The procedure for registering a complaint with the Authority is easy. There are a number of options available, and with our online complaint form (which can be used anonymously), it really couldn't be easier to register your complaint.
You can also register a complaint by fax, email or post:
Fax: +353-1-8045401
Email: complaints@tca.ie
Written Complaints:
The Competition Authority,
Parnell House,
14 Parnell Square,
Dublin 1.
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How do I obtain a copy of an Authority decision?
To obtain a copy of a Decision of the Authority check the Decisions area of this website, or alternatively phone the Authority at 1890 220 224 (or +353-1-8045400 from outside Ireland) and give the details of the decision you require. There is a charge to cover the cost of this service but the online copy of the decisions are available free of charge.
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Does a complainant have a right to pursue a private action whether or not he/she has lodged a complaint to the Authority?
Yes. Under Section 14 of the Competition Act 2002, there is provision for private action against what may be perceived as uncompetitive behaviour. You should consult your legal advisor.
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Will the Competition Authority advise me as to my chance of success if I decide to take a private action?
No. The Authority does not offer advice to complainants as to whether they have a cause of action under Section 14. You should not treat making a complaint to the Authority as a substitute for considering or pursuing any private remedies, which may be open to you.
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Can I get information on the progress of a complaint?
No. The Authority will not comment on either the progress of a complaint or indeed whether or not any complaint has been made. The Authority may or may not decide to pursue a particular complaint. The Authority will notify the complainant to acknowledge receipt of a complaint and occasionally to seek more information. The Authority will notify the complainant when the case is being closed. Any court proceedings taken by the Authority will be a matter of public record and will be freely accessible to the complainant.
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When should I contact the Competition Authority?
You should contact the Competition Authority when you think you may have identified anti-competitive behaviour. An aggrieved party who has made a complaint to the Authority still has the right to take a private action under Section 14 of the Competition Act 2002 if they wish. However, an aggrieved party should not treat making a complaint to the Authority as a substitute for considering or pursuing any private remedies, which may be open to them.
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If someone makes a complaint against my firm/company will I be notified?
No. The Competition Authority does not comment on whether a complaint has been made. In the course of an investigation a firm is likely to learn it is being investigated. However, if the complaint is found to be without substance or the allegations are not anti-competitive there is a good chance a firm will never learn that a complaint was made against it.
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How long will it take for the Authority to deal with my complaint?
There is no way to determine in advance how long it will take before the Authority feels that it can conclude its examination into a complaint. If the Authority takes the view on foot of its assessment of your complaint that there is reason to believe that there has been a breach of the Competition Acts, then it will take longer to resolve the matter than where the Authority does not believe that there is any basis for your complaint under competition law.
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What could I do to resolve the matter for myself?
The Authority cannot give legal advice to members of the public. If the matter you are complaining about affects your commercial position, then you should seek independent legal advice in taking any decisions. You should not make your commercial decisions on the basis of what you believe the Authority may or may not do. The complainant should bear in mind that they retain at all times their own private right of action under the Act.
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Will the Authority be able to get the result that I want?
The Authority is charged with examining the details of any complaint received by it from the perspective of the Competition Act and resolving a matter in the best interests of consumers as a whole. The Authority does not act on behalf of the complainant. It will determine the resolution that it feels is best - this will not always coincide with the remedy sought by a complainant. There are a number of resolution techniques at the Authority's disposal - the Authority will make its decision as to what technique to use and ultimately what resolution to seek in the interests of protecting the competitive process and consumers. The complainant should bear in mind that they retain at all times their own private right of action under the Act.
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Does the Competition Authority investigate mergers and acquisitions?
Yes. Part 3 of the Competition Act 2002 gives the Authority the function of reviewing proposed mergers and acquisitions. All mergers and acquisitions above specified thresholds must be notified to the Authority. Mergers below those thresholds may be notified.
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Does the Competition Authority publish its decisions in relation to proposed mergers and acquisitions?
Yes. Every such decision (called a "determination") is published on the Authority's website within 1 month after the making of the determination.
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Can Undertakings notify agreements?
Under the 2002 Act there is no concept of "voluntary" notification of agreements. Undertakings must satisfy themselves that agreements they enter into are not in breach of the Act. Undertakings should obtain private legal advice on the subject where necessary, as the Authority does not provide legal advice. It is no longer the function or policy of the Competition Authority to comment on individual agreements, decisions or concerted practices notified to it and it will not be able to give comfort to undertakings in relation to their agreements. Any information given voluntarily to the Authority by undertakings can and may be used in Authority investigations.