The Irish High Court gives some indications as to the extent to which the judiciary may intervene in the NCA’s investigations (Competition Authority v. District Judge O’Donnell)

High Court grants certiorari and quashes decision taken against the Competition Authority regarding the Authority's conduct in an on-going cartel investigation Background It follows from Article 45(2) and (3) of the Irish Competition Act 2002 (the Act) that the Competition Authority (the NCA) may, for the purposes of obtaining any information necessary for the performance of its functions seize and retain any documents found on any premises that relates to the activities it is investigating. However, before exercising this power the NCA must obtain a warrant from a District Court judge. Once seized, the NCA may retain these documents for a period of 6 months or for the duration of proceedings if proceedings have been initiated by the NCA. Consequently, if proceedings have not been

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  • London School of Economics

Quotation

Orla Lynskey, The Irish High Court gives some indications as to the extent to which the judiciary may intervene in the NCA’s investigations (Competition Authority v. District Judge O’Donnell), 27 November 2007, e-Competitions Bulletin Automobile, Art. N° 15524

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