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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 27 September 2023 - onwards
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7B. Defences - administrative proceedings

(1) In administrative proceedings in respect of a breach of section 4 or Article 101 of the Treaty on the Functioning of the European Union -

(a) it shall be presumed that an agreement between competing undertakings, a decision made by an association of competing undertakings or a concerted practice engaged in by competing undertakings the purpose of which is to -

(i) directly or indirectly fix prices with respect to the provision of goods or services to persons not party to the agreement, decision or concerted practice,

(ii) engage in bid-rigging,

(iii) limit output or sales, or

(iv) share markets or customers,

has as its object the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State or within the common market, as the case may be, unless the defendant proves otherwise,

(b) it shall be a good defence to prove that the agreement, decision or concerted practice in question did not contravene that prohibition by

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