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CRH plc and ors v The Competition and Consumer Protection Commission, Judgment, [2016] IEHC 162, OCL 194 (IE 2016), 5th April 2016, Ireland; High Court

Whether a national competition authority acted ultra vires and contrary to Section 37 of the Competition and Consumer Protection Act 2014 and outside the scope of a search warrant, in seizing items unrelated to activity.

Whether a national competition authority was in contravention of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, and the right to privacy under Article 40(3) of the Constitution by copying the entire email box of a senior executive within a company under investigation for breach of domestic competition law, where the copied mailbox included emails and attachments relating to companies within the corporate group other than the company under investigation as well as personal emails.

Whether a national competition authority acted in breach of the Data Protection Act, 1988 and Data Protection Act, 2003 by copying the entire email box of a senior executive within a company under investigation for breach of domestic competition law, where the copied mailbox included emails and attachments relating to companies within the corporate group other than the company under investigation as well as personal emails.

Whether the plaintiffs were entitled to an injunction restraining a national competition authority from accessing, reviewing, or making any use whatsoever of any books, documents, or records by that authority.

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