Under the Communications Regulation (Amendment) Act 2007 ComReg has the function of investigating possible breaches of the Competition Act 2002 (as amended) and Articles 101 and 102 of the Treaty of the Functioning of the European Union (TFEU) in relation to the Electronic Communications Sector.*
Section 4 of the Competition Act 2002 and Article 101 TFEU prohibit agreements that may have the object or effect of the prevention, restriction or distortion of competition. Section 5 of the Competition Act and Article 102 TFEU concerns the abuse of a dominant position. Article 101 and 102 TFEU apply where the behaviour may effect trade between Member States of the EU.
Further details in relation to ComReg’s role under competition law and the investigation of competition law based complaints in the Electronic Communications sector is set out in the Guidance Notice on the Submission of Competition Complaints.
*Note that ComReg’s competition law investigative function does not apply to the Postal Sector.
Table below sets out recent ComReg activities in the Competition Law Enforcement area.
|Investigation||Parties Involved||Issue||Relevant Documents|
|Complaint||RTÉ/RTÉNL, TV3||Excessive or discriminatory pricing||RTÉ/RTÉNL case (case closed)|
|Own Initiative||Telefónica/ Lycamobile||Agreement not to compete/to share customers||Telefónica/ Lycamobile case (case closed)|