The Irish High Court issues its first order on a commitment agreement between the NCA and an undertaking (FitFlop)

The Irish Competition (Amendment) Act 2012 introduced court-endorsed commitment agreements to Irish competition law [1]. The new section 14B of the principal Competition Act 2002 provides for making commitment agreements between the Irish Competition Authority (or indeed Com Reg when it is the competent authority) and undertakings an order of the Irish High Court. The first such order – in the FitFlop case [2] - was issued by the High Court in December 2012 and came into effect in February 2013. Past Practice Prior to the Competition (Amendment) Act 2012, the Competition Act 2002 was mute on the issue of commitment or settlement agreements, although the Competition Authority entered into such agreements on numerous occasions, as a way of bringing alleged infringements of the 2002 Act

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Marek Martyniszyn, Anna-Louise Hinds, The Irish High Court issues its first order on a commitment agreement between the NCA and an undertaking (FitFlop), 18 December 2012, e-Competitions Bulletin Cartel settlements, Art. N° 51262

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