Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Ireland Competition Commission launches revised cartel immunity program, (Jan 22, 2015)

The Competition and Consumer Protection Commission in Ireland, in conjunction with the office of the Director of Public Prosecutions (DPP), today released the details on its improved Cartel Immunity Program. The operation of an illegal cartel is considered to be a serious white collar crime and the Competition and Consumer Protection Commission’s revised program is an important tool in uncovering this criminal conduct, according to the agency’s announcement.

The revised Cartel Immunity Program, which came into effect today, sets out the policy of both the DPP and the Commission in relation to immunity and outlines the process through which parties must agree to cooperate in order to qualify for immunity from criminal prosecution. Under the Program, a member of a cartel may avoid prosecution by coming forward and revealing any involvement in the illegal cartel activity before the Commission has completed any investigation and referred the matter to the DPP. The Commission acts as an intermediary between applicants and the DPP in seeking immunity from prosecution in return for providing evidence in a criminal trial.

The new Cartel Immunity Program revises and enhances the provisions available to the Commission to uncover this criminal activity. The Program removes a previous bar on an instigator company qualifying for immunity. However, given the nature of the offense it maintains a ban on immunity for a company that coerced others to join or remain in the cartel. With the new Program there will also be enhanced legal certainty for those applying for immunity from prosecution. In addition, the revised Program is better aligned with the European Union Model Program, according to the agency.

“Cartels represent the most serious form of anti-competitive behavior,” said Isolde Goggin, chair of the Competition and Consumer Protection Commission. “The detection, investigation and prosecution of cartels is one of the highest priorities for the Commission,” he added.

News: Antitrust