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Irish Competition Law is the Irish body of legal rules designed to ensure fairness and freedom in the marketplace. The key provisions of Irish competition law: (a) usually outlaw anti-competitive arrangements between businesses and economic operators (known as "undertakings"); (b) always outlaw the abuse of dominance by undertakings; (c) control certain mergers, acquisitions and joint ventures. Irish competition law is primarily statute-based with some judge-made rules (the so-called "common law"). The statute rules are embodied in the Competition Act 2002 (which replaced the Competition Acts 1991-1996), the Competition (Amendment) Act 2006 and the Competition (Amendment) Act 2012. Irish competition law is comparable to, but different in certain key respects, from European Union competition law. There are some similarities to the anti-trust law of the United States of America but the differences (particularly in relation to merger control, abuse of dominance and the way in which breaches are punished) are substantial. Irish competition law is enforced by the courts (which have the power to find breaches, permit unannounced visits by the Competition Authority) and impose penalties), the Competition Authority (which has the power to institute investigations and take court actions) and private action by undertakings and others. Unlike many other competition agencies (such as the (Commission )), the (Competition Authority ) does not, and may not, have the power to impose fines; this is due to the Irish Constitution which limits the power to impose penalties and sanctions to the judicial system (i.e., the courts). ==Relationship with EU Competition Law== Given the EU goals of an integrated, market economy EU competition law has a heavy influence in national economic law. EU competition law has superiority over Irish competition law, Irish law must not contradict or inhibit the operation of EC law, but it may outlaw things which are legal under EU law, or punish breaches more severely. It also exercises a persuasive force over the jurisprudence of Irish competition law. Due to the requirement of compliance with EU law and the similar understanding and goals, Irish Courts will examine cases and precedents in the European Courts to see how it has been interpreted or to ensure that they are consistent. EU competition law has jurisdiction over cases which affect inter-state trade in the Union. Regulation 1/2003 of the European Commission "decentralised" the enforcement of competition law with a number of reforms designed to increase the enforcement of EC rules in national courts.〔(SCADPlus: Application of Articles 81 and 82 of the EC Treaty )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Irish competition law」の詳細全文を読む スポンサード リンク
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