I propose to take Questions Nos. 4, 15, 16 and 17 together.
A relaunch of Irish Press titles is a matter for the promoters of such a venture and I have no direct role in their actions. However, I am anxious to see a revised Irish Press or other new titles on the market in order to assist in achieving diversity and plurality in the newspaper industry. My main legislative responsibility is, of course, to ensure that competition law is complied with.
I have not seen any plans for a relaunch of the Sunday Press. Any such relaunch must comply with competition law. To make a judgment, it would be necessary to see what is proposed. In this connection, I have not received a comprehensive or satisfactory reply from Independent Newspapers in relation to its future plan vis-á-vis the Press. I have made it very clear to the Press and Independent that competition legislation will be upheld by the State.
I do not accept the views of the IBEC Competition Council. It did not address or rebut the conclusion of the Authority in regard to section 4, anti-competitive agreements. The Authority considered that the acquisition by Independent Newspapers plc of a 24.9 per cent shareholding in Irish Press and the provision by Independent of loans totalling £2 million to the Irish Press represented an anti-competitive agreement contrary to section 4 of the Competition Act.
In addition, the views of the IBEC Council seem deficient in a number of areas including: much of what it says concerns its general policy concerns and not the issue of dominance by Independent in Ireland as concluded by the Authority; it questions whether the media should be subject, like all other sectors, to our competition law, while elsewhere in its document it says it fully supports the application of competition rules to all sectors of Irish business and that this is essential for Ireland's long-term competitive position. There is an inherent contradiction in this; our Competition Act, 1991, is based, by analogy, on the EU Treaty and the principles that underpin it are EU based. The Authority has relied heavily on EU — Commission and European Court of Justice — decisions and principles in its work.
I am seriously concerned to find prevailing in the council's document a sentiment that contends that if there is a lack of competition, market forces will solve the problem in time. This takes no account of the burden on consumers and the economy generally of the lack of competition, whether it be prices or lack of choice. I am further aware that grave misgivings were expressed by Deputies on all sides of the house in the debate on the Competition (Amendment) Bill concerning alleged abusive conduct by dominant firms in oppressing and abusing their positions in the market, particularly in regard to smaller more vulnerable firms. The council notes that other newspaper interests disagree with its analysis.
I am on record as accepting the findings of the Competition Authority which concluded that the agreement involving the acquisition by Independent Newspapers of a 24.9 per cent shareholding in Irish Press and its provision of loans to Irish Press is anti-competitive and an abuse of a dominant position. A continuation of these or similar arrangements into the future would be unlawful. The State will take the necessary action to ensure compliance with the Competition Act.