Vol. 476 No. 1
45 Mr. Dempsey asked the Minister for Enterprise and Employment if he will instigate an investigation into the pricing practise of the major gas companies in this country in order to determine whether there is a cartel in operation. [3999/97]
With the enactment of the Competition Amendment Act, 1996, the Competition Authority now has the right to initiate investigations on its own initiative into any alleged anti-competitive structure or practice that appears to it to warrant such investigation. The 1996 Act introduced independent public enforcement of the Competition Acts and I have appointed a director of competition enforcement to give effect to these provisions.
In addition the director of competition enforcement can investigate whether on his own initiative or as a result of a complaint to him any contravention of section 4 or 5 of the Competition Act, 1991 or subsections (2), (5) or (7) of section 2 of the Competition (Amendment) Act, 1996 that he suspects has occurred or may occur. As a result of these investigations he may make recommendations to the Competition Authority as respects the institution of legal proceedings in the matter.
The 1996 Act creates criminal offences and penalties provisions for breaches of the rules of competition set out in the legislation in addition to civil remedies open to the authority or an aggrieved person.
If the Deputy has evidence of anti-competitive pricing practices or a cartel in the gas or any other sector he should bring them to the attention of the Competition Authority and the director of competition enforcement.
I have drawn this matter to the attention of the authority and the director of competition enforcement.
