Director of Competition Adjudication Unit

The Competition (Amendment) Act 2022 (the “2022 Act”), which transposes Directive (EU) 2019/1 (the ECN+ Directive), establishes a landmark new administrative enforcement regime in Ireland for breaches of EU and Irish competition law. Part 2D of the Competition Act 2002 (as inserted by the 2022 Act) (the “2002 Act”) creates a new administrative adjudication regime under which the CCPC will have 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. Cases will be referred for adjudication following investigation by CCPC investigation teams.

Part 2D of the 2002 Act creates the role of Adjudication Officers (AO) 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). Over the coming months, the CCPC intends to nominate one CAO and 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. 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. Subject to the to the independence requirements set out in Part 2D of the 2002 Act, the Director of the Competition Adjudication Unit will be accountable to the Commission on corporate governance and budgetary matters relating to the Unit.

Role purpose:

The CCPC is seeking to recruit a Director of the new Competition Adjudication Unit. This is an opportunity for an experienced lawyer, with excellent strategic leadership skills, to take on a senior management role in a dynamic and fast-paced public sector organisation. The Director will be responsible for overseeing the establishment and operation of the Competition Adjudication Unit at a time of very significant change in the enforcement of competition law in Ireland. The post holder will be self-driven and results-oriented with experience of providing advice on complex legal matters and the ability to work on their own initiative and manage relationships with different stakeholders.

Reporting to a Member of the Commission, the Director of the Competition Adjudication Unit will be responsible for establishing the new Competition Adjudication Unit and ensuring that robust and efficient businesses practices and procedures are put in place from the outset. This is a core requirement of the role, requiring strong management and leadership skills. It is anticipated that the Competition Adjudication Unit will rely initially on support from external advisors (e.g. lawyers, economists etc.) but will also over the next 1-2 years build its own in-house team. A key part of the Director’s role will be to procure and manage panels of external legal and economic advisors to support the adjudication function. The Director will also be responsible in due course for recruiting, managing, and mentoring the Competition Adjudication Unit’s own in-house staff.

Key responsibilities:

The key responsibilities of this position will include the following:

Establish the Competition Adjudication Unit:

• Planning and establishing the resources needed to support the adjudication function;
• Establishing robust procedures and processes to enable the Chief Adjudication Officer and Adjudication Officers to discharge their functions effectively.
• Develop and drive the strategy and workplan of the Competition Adjudication Unit, provide strategic leadership to the Unit and pro-actively contribute to the effective operation of the adjudication function.
• Provide legal advice to the Chief Adjudication Officer and Adjudication Officers in relation to all aspects of the adjudication function.
• Oversee the procurement of external legal services providers (and other service providers, where appropriate) and ensure the effective management and oversight of such service providers, including costs management and budgeting.
• Recruit, lead, develop, and manage the team in the Competition Adjudication Unit, setting high standards and implementing strategies to drive team performance.
• Provide an effective support service to the Chief Adjudication Officer and Adjudication Officers through the strategic management and leadership of the Competition Adjudication Unit. This will include management of oral hearings under Part 2D of the 2002 Act and managing court proceedings arising from the Part 2D adjudication process. 

Manage and supervise work across the Unit, including:

• Active engagement with areas such as case management and project management;
• Establishing systems and processes to enable timely and effective decision-making.
• Effectively manage multiple caseloads and tasks and allocate resources appropriately.
• Lead a culture of continuous improvement, innovation and collaboration, contributing towards building a highly
  effective adjudication function and the development of its procedures and internal systems.
• Build, manage and maintain productive and positive relationships with internal and external stakeholders.
• Promote the Vision, Mission and Values of the CCPC and the Competition Adjudication Unit.
• From time to time, undertake other tasks or projects within the CCPC that are external to the adjudication
  function. Such tasks or projects will not relate to the investigation of suspected breaches of competition law.

Essential:

Please note: In order to satisfy the shortlisting panel, you must clearly highlight within your application that you meet
the essential requirements. If this is not clearly displayed, it may prevent your application progressing to the shortlisting stage.

It is required at a minimum that candidates demonstrate the following:

• Candidates must have been called to the Bar in the State or have been admitted and be currently enrolled as a
  solicitor in the State or hold a professional qualification in law which would be acceptable to the CCPC as being
  equivalent to the above and have at least 5 years’ post-qualification experience as a practising barrister/solicitor.
• Relevant work experience either in a law firm, as a practising barrister, as in-house counsel, or in the public
  service, with a strong record of professional achievement.
• Strong leadership and management experience, including at least 2 years’ experience in managing teams and
  experience of leading within a senior management team.
• Ability to provide clear, focused and strategic legal advice.
• Highly developed organisational and administrative skills.
  • Proven ability to lead and deliver on projects within tight time frames.
• Excellent communication, networking and influencing skills, and the capacity to influence and work effectively
  with a broad range of stakeholders in a constructive manner.
• Oral and written fluency in the English language.

Desirable:

• At least 8 years’ post qualification experience as a practising barrister/solicitor.
• Experience of regulatory decision-making, dispute resolution and/or litigation.
• Experience of providing legal advice and support in the areas of EU or Irish competition law, merger review
  and/or consumer protection law.
• Experience of providing legal advice in relation to the law on fair procedures and administrative decision-making.

Application process:

To apply for this role using the link on the CCPC careers page , please submit an up-to-date CV and a cover letter
indicating why you are suited to the role. Applicants should note that canvassing will result in your exclusion from
the process.

Closing date for applications is 12 noon, Wednesday, 15 May.