The case follows searches by the Competition and Consumer Protection Commission (CCPC) on a number of businesses in the betting industry last month. The agency said they were part of an ongoing criminal investigation into potential breaches of competition law.
In the searches, which are commonly known as “dawn raids”, the CCPC was accompanied by gardaí from the National Economic Crime Bureau.
The competition authority had not identified what companies were searched as part of the investigation, but it has already initiated High Court proceedings against Boylesports and has now done so against Flutter.
A spokesperson for Flutter said: “We are unable to comment on a live regulatory investigation. Flutter takes its legal responsibilities very seriously and is confident that its business practices are fully compliant with competition law.”
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It is understood that the case is procedural, with the CCPC needing to apply to the court this week to move its investigation onto the next stage, and to continue to hold the data that has been collected.
Flutter, whose CEO is Peter Jackson, has offices in Clonskeagh but its headquarters are now in New York. It operates a number of brands other than Paddy Power, mostly notably Betfair and Tombola.
The CCPC has the power to carry out unannounced searches on businesses with a warrant issued by the District Court. It searches for evidence where it has reason to believe that companies are not compliant with competition law.
It is not known precisely what practices in the gambling industry the agency is investigating, but there has been speculation it could relate to alleged price fixing.
Competition law forbids firms that hold a dominant position from engaging in abusive practices, such as predatory pricing or refusal to supply.
A spokesperson for the CCPC said: “The case relates to a statutory process initiated by the CCPC under section 33 of the Competition and Consumer Protection Act 2014. This is a procedural matter related to a criminal investigation under our competition law powers.
“No further comment can be made at this point.”
That section of competition law says the disclosure of information can be compelled, or possession of it taken, even if it is privileged legal information.
The CCPC carried out no competition law searches between 2018 and 2022, but did several under consumer protection law.
There were four “dawn raids” in 2023, and a further four last year, as part of two separate cartel investigations.
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