Complaints and enquiries

Formal complaints can be submitted to the Competition Authority. However, the Competition Authority decides which cases are to be taken up for consideration. Those who submit matters to the Authority therefore do not automatically have the right to have their case taken up for consideration or to be a party to such proceedings. In all cases, however, the submission is received as a notification.

Correct recipient

Those who address matters to the Competition Authority must first ensure that the issue falls within the remit of the Authority and not that of some other administrative body.

Examples of matters that fall under the remit of the Competition Authority:

• Notice of a takeover of a company which results in the acquirer gaining control and thus constitutes a merger within the meaning of competition law.
• Complaint about an infringement of the prohibition on illegal collusion.
• Request for an exemption from the prohibition on unlawful collusion.
• Complaint regarding the abuse of a company's dominant market position.

Examples of matters which do not fall under the remit of the Competition Authority:

• Complaints regarding unfair business practices, including advertising, should be directed to Consumer Agency
• Matters relating to the Telecommunications Act or the Postal Services Act should normally be directed to Communications Authority
• Matters concerning the implementation of the electricity legislation should normally be directed to Energy Agency

Legitimate interests

It is not a given that those who submit a submission to the Competition Authority can become parties to the case to which the submission relates. Only those who can demonstrate that they have legitimate interests to protect are entitled to be parties to cases that the Competition Authority investigates. Legitimate interests are defined as having a direct, specific and legitimate interest in having a particular dispute resolved.