Consumer and Competition

To help make markets work effectively for consumers and for the economy as a whole, our work falls under two main headings:

• national policy and EU policy on current competition and consumer matters
• supporting as well as liaising with and monitoring the Competition and Consumer Protection Commission

Helping to make markets work effectively for consumers and for the economy as a whole.

The work of the department in this area is primarily concerned with consumer protection and welfare and the operation of markets which fall under three main headings:

• national policy on current competition and consumer matters
• supporting as well as liaising with and monitoring the Competition and Consumer Protection Commission (CCPC), which exercises the main executive and operational responsibilities under competition and consumer legislation
• contributing to the legislative and policy work of the European Union on competition and consumer policy

In summary, the role can be described as helping to make markets work effectively for consumers and for the economy as a whole.

Under the Competition Act 2002, a Trade Union may seek an exemption from the application of section 4 of the Act in respect of certain classes of self-employed workers. The Trade Union must apply for such an exemption in the format set out in the application form: Guidance Note and Application Form

Read about the Representative Actions Act here.

The Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the promotion of consumer rights and the enforcement of consumer law.

The Competition and Consumer Protection Commission (CCPC) provides information on consumer rights and personal finance including buying goods, faulty goods, shopping from home, rules on pricing, services and contracts, mobile phone contracts, buying a home, finding a solicitor, scams, cancelled flights, insurance, banking, mortgages.

The CCPC enforces a wide range of consumer protection laws, including laws on deceptive trading practices (including unfair, misleading and aggressive), consumer credit, package travel, unfair contract terms, timeshare, consumer safety (mandatory standards), food labelling, textile labelling, unit pricing and price displays.

Contact

The Competition and Consumer Protection Commission,

Bloom House,

PO Box 12585,

Railway Street,

Dublin 1,

D01 C576.

Consumer Helpline: 01 402 5555

Reception: 01 402 5500

Media queries: 01 703 8600

Website: ccpc.ie

The Competition and Consumer Protection Commission is responsible for, inter alia, enforcement and promotion of Irish and European competition and consumer law.

The Competition and Consumer Protection Commission is responsible for enforcing Irish and European competition law. Behaviour that deprives consumers of the benefits of competition reduces the choice available to consumers, causes them to pay more, deprives them of new products and services, and undermines economic growth.

For any breach of Irish or European competition law, the Commission may have the right to seek a criminal prosecution, to pursue the matter in the civil courts, or both. It has the power to investigate if there is evidence that businesses are involved in anti-competitive practices, such as price-fixing, or that businesses are abusing a dominant position. It can also block mergers between businesses that would substantially reduce competition and harm consumers.

Section 4 of the Competition Act 2002 – Application for Exemption

Under the Competition Act 2002, a Trade Union may seek an exemption from the application of section 4 of the Act in respect of certain classes of self-employed workers. The Trade Union must apply for such an exemption in the format set out in the application form: Guidance Note and Application Form.

The Sales Law Review Group is an expert group, tasked with reviewing the legislation governing the sale of goods and supply of services.

This legislation provides the statutory framework for the regulation of business-to-consumer and business-to-business contracts and is a cornerstone of both Irish consumer and commercial law. The statutes under review included the Sale of Goods Act 1893 and the Sale of Goods and Supply of Services Act 1980.

Terms of Reference of the SLRG

The terms of reference of the Sales Law Review Group were:

1. To review the general sales law provisions of the Sale of Goods Acts 1893 and 1980 and to make recommendations for a scheme of legislation capable of providing a statutory sales law framework appropriate to modern-day conditions and needs.

2. To examine the provisions of the proposed EU Directive on consumer contractual rights in the light of existing Irish consumer law and assess its implications for Irish consumer rights and law, to contribute to the development of the Irish response to the proposed Directive, and to consider and make recommendations as to how the Directive and Irish contract sales law may best be integrated.

3. To consider and make recommendations on other matters related to Irish sales law and the common law and statutory framework of that law, including dispute resolution mechanisms in Ireland.

Membership of the SLRG

• Robert Clark, Chair, associate professor, School of Law, University College Dublin, author of Contract Law in Ireland. Professor Clark has served on a number of Irish Government and European Commission Advisory Bodies.
• Tony Burke, nominee of the Irish Exporters' Association, Head of Commercial Department Mason, Hayes and Curran Solicitors.
• Caterina Gardiner LL.B (Dub.), LL.M (NUI), lecturer in law NUI Galway.
• Michael Kilcoyne, nominee and Vice-Chairman of the Consumers' Association of Ireland.
• Roderick Maguire LL.B., LL.M. (Lond.), M.A., B.L., nominee and Honorary Secretary of the Bar Council of Ireland.
• Sean Murphy, Legal Adviser to, and nominee of, the National Consumer Agency.
• Richard Nesbitt S.C., Chairman of Arnotts Limited, nominee of IBEC.
• Kevin O'Higgins, Solicitor, nominee of the Incorporated Law Society.
• Nathan Reilly LL.B (Dub.), LL.M. (Cantab.), Barrister.
• Fidelma White, B.C.L., LL.B., LL.M (NUI), LL.M (Lond.), Senior Lecturer in Law University College Cork.

Report on the Legislation Governing the Sale of Goods and Supply of Services

The final Report on the Report on the Legislation Governing the Sale of Goods and Supply of Services of the Sales Law Review Group was published on the 18th October 2011.

Product safety has been largely regulated through EU harmonised law (legislation that applies throughout the EU as a whole), which covers about 70% of products on the market.

For non-harmonised products, the relevant legislation is the General Product Safety Directive, which sets down a requirement that all non-food consumer products be safe.

Only safe products may be placed on the EU market. Market Surveillance Authorities (MSA) are responsible for ensuring product safety at a national level. For a list of MSA and the areas for which they have responsibility, see v MSA operate with the powers outlined in Regulation (EC) No. 765/2008, which sets down rules on accreditation (see Irish National Accreditation Board ) and market surveillance. For further information on sectors, see product safety sectors.

For details of the Irish Market Surveillance Authorities along with information of their market surveillance procedures for 2019, see Market Surveillance Plan for Ireland 2019.

The Market Surveillance Forum was set up in 2009 and has representatives from all MSA. It meets regularly to discuss market surveillance issues and to coordinate a national response to EU market surveillance issues.

Notified Body procedure

This Department is the Notifying Authority for a number of EU directives and prospective notified bodies are asked to follow the procedure set out in the procedure for the appointment of a Notified Body document in order to apply for notified body status.

Mutual recognition

Products that do not fall under EU harmonised law but are lawfully marketed in one of the EU Member States should be allowed to be sold in any other Member State. If a Member State wants to use national technical rules to prevent this (for reasons of, for example, public safety, public health or environmental concerns) then it has to abide by the procedure set out in Regulation (EC) No. 764/2008.

Under this Regulation, Member States have to set up product contact points to provide information on national technical rules – the NSAI is the Irish product contact point.

Product safety and customs

Customs authorities play a vital role in ensuring unsafe or non-compliant products are not imported from third countries and placed on the EU market. In order to perform adequate checks on such products the Irish Customs authority co-operates closely with MSA and abides by EU guidelines.

For more information regarding customs procedures contact:

Customs Division,

Office of the Revenue Commissioners,

2nd Floor,

Treasury Building,

Dublin Castle,

Dublin 2,

D02 PD90.

Tel: +353 1 738 3676

Email: rcpr@revenue.ie

For more information regarding MSA and market surveillance contact:

Emma Geraghty

Consumer Policy Section,

Department of Enterprise, Trade and Employment,

Earlsfort Centre,

Lower Hatch Street,

Dublin 2.

Tel: +353 1 631 2625

Email: emma.geraghty@enterprise.gov.ie