Chief Adjudication Officer

The Chief Adjudication Officer will be appointed by the Minister for Enterprise, Trade and Employment on the nomination of the CCPC. The contractual relationship will be between the CCPC and the Chief Adjudication Officer.

Role purpose

The Chief Adjudication Officer (“CAO”) will be nominated by the Competition and Consumer Protection Commission (“CCPC”) for appointment by the Minister for Enterprise, Trade and Employment under section 15O(1) of the Competition Act 2002, as amended (the “2002 Act”) to make decisions on behalf of the CCPC under section 15X of the 2002 Act and otherwise to exercise functions under the 2002 Act.

Adjudication function overview

The 2022 Act, which transposes Directive (EU) 2019/1 (known as the ‘ECN+ Directive’), establishes a landmark new administrative enforcement regime in Ireland for breaches of EU and Irish competition law. Part 2D of the 2002 Act (as inserted by the 2022 Act) creates a new administrative adjudication regime under which the CCPC has the power, subject to court approval, to make decisions concerning alleged infringements of competition law and to impose administrative financial sanctions of up to €10 million or 10% of total worldwide turnover. The CCPC Commission will refer cases for adjudication following the conclusion of investigations by CCPC investigation teams.

Part 2D of the 2002 Act creates the role of Adjudication Officers (“AOs”) that are nominated by the CCPC and appointed by the Minister for Enterprise, Trade and Employment. Part 2D also provides for the role of Chief Adjudication Officer (CAO). The CCPC now intends to nominate one CAO (and, in the coming months, a panel of AOs) for appointment by the Minister for Enterprise, Trade and Employment. Section 15R of the 2002 Act also provides for the appointment by the CCPC of assistants to support the adjudication function. The legislation contains stringent requirements to ensure that the CAO, AOs and their assistants are independent in the performance of their functions.

The CCPC is establishing a Competition Adjudication Unit that will be responsible for supporting the set-up and operation of the new adjudication function under Part 2D of the 2002 Act. The Competition Adjudication Unit’s main role will be to provide support to the CAO and AOs in the exercise of their functions. The Competition Adjudication Unit will be led by a Director who will support the adjudication function and assist the CAO and AOs. Robust arrangements will be put in place to ensure clear separation between the CCPC’s investigative and adjudication functions in relation to breaches of competition law and to safeguard the independence of the adjudication regime. However, the Competition Adjudication Unit will nonetheless play a central role within the CCPC, and the CAO is a key part of this role.

Role summary

The CCPC is seeking to nominate a suitably qualified individual to be appointed by the Minister for Enterprise, Trade and Employment as Chief Adjudication Officer in accordance with section 15O of 2002 Act and the Competition Act 2002 (Adjudication Officers) Regulations 2023 (S.I. No. 476/2023) (the “2023 Regulations”).

The Chief Adjudication Officer will play a key role in delivering on the CCPC’s mandate by making decisions on behalf of the CCPC in accordance with Part 2D of the 2002 Act. A referral for decision will be made by the CCPC in accordance with section 15M of the 2002 Act following the conclusion of an investigation by the CCPC’s investigation teams. Some of the detail around this decision-making role is set out in Appendix 3. A fundamental requirement of the 2002 Act is that there must be adequate separation between the CCPC’s investigative and 5 adjudicative functions: that is, between the individuals investigating a suspected infringement and the individuals deciding whether an infringement has, in fact, occurred and imposing a fine or other sanction. The 2002 Act contains stringent requirements to ensure that the adjudication function shall be independent, including a requirement that it shall not be accountable or answerable to any person when performing these functions.

The specific functions of the Chief Adjudication Officer are set out in Part 2D of the 2002 Act and Regulation 16 of the 2023 Regulations. These include:

• To make decisions on behalf of the CCPC under section 15X of the 2002 Act (as set out above);
• To act as an Adjudication Officer and to establish divisions of AOs for particular proceedings or type of proceedings;
• To direct an AO, or a division of AOs, to deal with a referral;
• Where the Chief Adjudication Officer considers it appropriate, to re-assign the matter to another AO officer or division of AOs;
• To oversee at a high-level the employees of the CCPC and external assistants and consultants who have been required to or appointed by the CCPC to assist AOs1

Subject to the Chief Adjudication Officer’s independence under section 15P of the 2002 Act, a Chief Adjudication Officer may also perform functions on behalf of the CCPC other than those provided for in Part 2C, 2D or 2E of the 2002 Act at the request of the CCPC. Therefore, the Chief Adjudication Officer may be requested to assist in tasks which fall under the competency of the CCPC which are outside the Adjudication Function, including in areas where the Chief Adjudication Officer’s expertise and experience would be relevant.

These additional functions will not relate to specific enforcement actions or investigations of suspected breaches of relevant competition law and are expected to be accommodated within the anticipated work commitment of 6-12 days per month.

In practical terms, the CCPC expects that the Chief Adjudication Officer will, amongst other things:

• Allocate referrals/cases to AOs;
• Enable the AOs to take high quality, consistent, proportionate and fair decisions;
• Ensure that adjudication is conducted in accordance with the rules of procedure and guidelines outlined in the 2002 Act;
• Be available to sit in oral hearings;
• Provide effective leadership of the CCPC’s Adjudication Function;
• Maintain an open and productive relationship with the Chairperson and Members of the CCPC;
• Provide input to the CCPC on the structure and functioning of the Adjudication Unit;
• Where appropriate, effectively communicate adjudication decisions and represent the CCPC in the media;
• Where appropriate, effectively represent the CCPC at domestic and international events;
• Oversee the performance of the decision-making function including ensuring best practice case management. 

Closing date for applications is 12 noon on Monday, 13 May 2024. 

For more details and to apply please go to: Chief Adjudication Officer