John Mc Nally
Competition law in Ireland was strengthened by the harsher penalties provided for in the Competition Act 2002. A number of cases involving anti-competitive arrangements (i.e. cartels) have recently come before the courts. While these cases involved the period before the enactment of the Competition Act 2002, the High Court in D.P.P. v. Duffy and Duffy Motors (Newbridge) Ltd. has signalled that custodial sentences will be imposed for hard-core breaches of competition law such as cartelism. This note outlines how the Court views such anti-competitive behaviour. It gives an overview of the relevant law and the general principles of sentencing that the court will consider. Finally the note will briefly comment on issues in relation to white-collar crime.