Head of Unit

Our client Competition and Consumer Protection Commission (CCPC) is seeking an Head of Unit - Cartels Division (AP).

Division Overview

The Cartels Division is responsible for conducting criminal and administrative competition law investigations, primarily aimed at detection, deterrence, and prosecution of cartels. These include serious cartel offences such as price fixing, bid-rigging / tender collusion and dividing specific customers or geographic areas between competitors.

These offences are not only damaging to competition and the economy but ultimately cause consumers (including businesses) and/or the State to have less choice of goods and services available and/or to pay more for goods and services than they otherwise should.

The Cartels Division is also responsible for investigating other horizontal, anti-competitive practices and agreements (hub-and-spoke cartels, price-signalling, anti-competitive coordination or decisions by trade associations and professional associations, etc.), the offence of merger gun-jumping (where merging parties fail to notify a merger or implement a merger before approval has been obtained from the CCPC), as well as procedural offences or breaches of the relevant legislation, such as non-compliance by parties with the CCPC's enforcement powers.

The Cartels Division also considers immunity and leniency applications, confidential whistleblower information, complaints received and performs specific outreach in relation to our work to combat bid-rigging in public procurement.

Given these functions, the Cartels Division has the following two Sections:

1. Immunity / Leniency & Case Stream (ILCS) and
2. Investigations & Enforcement (I&E)

The Immunity/Leniency & Case Stream (ILCS) Section focuses on pre-investigations (i.e., detection and assessments of potential cases), to develop and maintain a constant stream of investigations. The Investigation & Enforcement (I&E) Section focuses on conducting full investigations. There is significant amount of cooperation and cross-over work between the two Sections. The Cartels Division has a current headcount of 16 staff.

The Role

The Competition (Amendment) Act 2022 has introduced a new administrative enforcement regime for breaches of competition law. As a result, the Cartels Division is now responsible for operating two separate competition enforcement regimes i.e. criminal and administrative. The 2022 Act also gives the CCPC additional investigative powers that can be used by the Cartels Division in its investigations. With all of these important changes to the competition enforcement landscape in Ireland, it is an exciting time to join the Cartels Division and the CCPC.

The work of the Cartels Division is very varied, meaningful, and interesting. Team members tackle a diverse range of cases from various industries and sectors, which means they are constantly researching different sectors and industries, staying abreast of international developments regarding cartel enforcement, and growing their own skills through in-house and external training opportunities.

As there is a significant amount of cooperation and cross-over work between the two Sections, we are therefore running one recruitment campaign for the Cartels Division, as follows:

One Head of Unit (at Assistant Principal grade) in the Investigation & Enforcement Section. This Head of Unit will lead a team of investigators in the Investigation and Enforcement Section within the Cartels Division and will be responsible for driving and progressing investigations in accordance with the divisional workplan while ensuring efficient investigation management.

AND

One Head of Unit (at Assistant Principal grade) in the Immunity/Leniency & Case Stream Section. This Head of Unit will lead a team of investigators/analysts within the Immunity/ Leniency & Case Stream Section of the Cartels Division, with a primary focus on cartel specific detection and pre-investigations in accordance with the divisional workplan.

The roles encompass both desk and field based investigative work so access to a car and a full clean driving licence is highly desirable.

The Successful Candidate

With a new era of competition enforcement in Ireland, we are keen to appoint a person with a legal qualification and experience, who can transfer their legal expertise into investigative work and utilise their leadership skills and experience to work with colleagues to help the Cartels Division effectively deliver its mandate and related functions.

We are looking for individuals who:

• are excited about a distinctive opportunity to work with the Cartels Division and the CCPC
• can demonstrate strong leadership skills
• are analytical and critical thinkers, with a curious and creative mind
• are highly organised
• enjoy managing teams
• enjoy a varied workday.

The Cartels Division is seeking to recruit individuals with a legal qualification who may also have experience in any of the following:

• Case Analysis and Assessment
• Investigatory Work
• Enforcement
• Legal Work / Litigation
• Forensic Accounting / Forensic Auditing
• Regulatory Compliance and Related Advisory Work
• Business and Financial Consulting
• Fraud, AML etc.
• Case Management

The above are guidelines only, as to the type of work you may have been involved in which you may have developed transferable skills suitable to the roles.

In addition to the immediate appointment from this campaign, an order of merit may be established. This may be used to fill any future vacancies at the same level within the Cartels Division or other Divisions of the CCPC where roles have similar responsibilities and/or similar skills are required.

Key Responsibilities

• Lead, motivate and manage a dedicated multidisciplinary team within the Cartels Division, including supporting their professional development.
• Devise tactical and strategic approaches to successfully deliver enforcement outcomes in criminal and administrative competition law pre-investigations (i.e., detection, assessments, with a view to developing a consistent stream of cartel cases) and investigations into cartels, horizontal practices and gun-jumping investigations.
• Leading and participating in key investigatory steps including searches, witness interviews and requests for information.
• Prepare statements of objections, investigatory reports, and referral files to the Director of Public Prosecutions (DPP)
• Draft internal and external communications, analyse various sources and types of data and conduct field work and general enquiries contributing to the progression of investigations.
• Attend court when required as an authorised officer.
• Contribute to the development of strategies, polices and workplans within the Cartels Division, and work closely with colleagues across the CCPC to deliver on the organisation's objectives.
• Develop relationships with internal and external stakeholders, including representing the CCPC at international conferences and fora.
• Work closely with the Director and the Deputy Directors to achieve the Division's objectives.
• Any other ad hoc duties as assigned.

Essential:

Technical/Professional: the candidate should have:

• Been called to the Bar in the State and entered on the Roll of Practising Barristers maintained by the LSRA 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.
• Minimum of 3 years' post-qualification experience either in a law firm as a solicitor, as a practising barrister, as in-house counsel in the public or private sector, or in an equivalent position in a competition agency in the EU, UK or other comparable jurisdiction.
• Direct experience of leading and managing people/teams.
• Successful track record of conducting analysis and providing direction on issues in cases concerning competition law, regulation or enforcement, criminal or civil investigations/prosecutions or litigation cases or other comparable professional experience.
• Strong written and verbal communication skills including the ability to provide clear, focused, and practical drafting and solutions.
• Oral and written fluency in the English language.

Desirable:

• Formal accreditation or post graduate qualification in business, economics, economic regulation, law, leadership or forensic accounting or auditing - in addition to the essential requirements.
• Professional experience in competition law or competition economics.
• Project management or case management skills.
• Knowledge of national and EU competition policy, and the related legislative environment, issues, and challenges.
• Access to a car and a full clean driving licence.

Application Process:

In order to apply for this opportunity, candidates must submit the application form for this opportunity before the closing date for applications.

The application from can be found here:

To apply for this role using the link on the CCPC careers page, please submit an up-to-date CV AND a personal statement in which you set out how your knowledge, experience and skills meet the role criteria by reference to specific examples (1000 words).

The deadline for applications is12 noon on Friday 3rd May 2024 .

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