Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 21:

In page 45, after line 33, to insert the following:“Amendment of section 14A of Act of 2002
48. Section 14A of the Act of 2002 is amended by inserting the following subsection after subsection (5):

“(5A) (a) Where, in an action under subsection (1), the competent authority seeks relief by way of interlocutory injunction, the Court shall not, save in exceptional circumstances, as a condition of granting the injunction, require the competent authority to lodge an undertaking in respect of damages with the Court.
(b) For the avoidance of doubt, where in an action under subsection (1), the competent authority seeks relief by way of interim injunction, nothing in paragraph (a) shall be construed as imposing an obligation on the Court to require a competent authority to lodge an undertaking in respect of damages as a condition of granting the injunction.”.”.

With regard to interlocutory injunctions, the amendment provides that the courts shall not, except in exceptional circumstances, require an undertaking from the Competition and Consumer Protection Commission as a condition of granting such an injunction. With regard to interim injunctions, the amendment provides that, for the avoidance of doubt, nothing in the first amendment relating to interlocutory injunctions shall oblige the courts to seek an undertaking from the Competition and Consumer Protection Commission when the commission seeks an interim injunction. The amendments are intended to ensure public enforcement of competition law offences is not hindered by demands for undertakings from the State on damages at the time of injunctions being sought by the Competition and Consumer Protection Commission. This allows enforcement to occur without the court, as a normal process, requiring an undertaking by the commission to meet damages. It should only be in exceptional circumstances that the court should do so. The justification is to allow public enforcement to proceed without major financial undertakings being made to the court by the commission. The amendment is drafted so as to respect the independence of the courts.