Vol. 482 No. 6
73 Mrs. Owen asked the Tánaiste and Minister for Enterprise, Trade and Employment the avenues open to her to intervene in the Guinness and United Beverages Holdings merger affair once it was clear that she had missed the deadline for a referral to the Competition Authority under the Mergers Act, 1978; and if she will give details of her powers to act following a voluntary referral to the Competition Authority under the Competition Act, 1991. [19190/97]
I informed the House on 6 November 1997 that, following discussions between myself, my officials and Guinness Ireland Group, they notified their proposed take-over of United Beverages Holdings to the Competition Authority on 4 September 1997 seeking a certificate of clearance for the proposal under the Competition Acts. The Authority has since issued a detailed statement of objections which is currently being considered by Guinness Ireland Group.
The options available to me for intervening in the proposal through the Competition and Mergers Acts were:
(a) To avail of the right of action under section 6 of the Competition Act, 1991 which permits the Minister for Enterprise, Trade and Employment to seek an injunction or a declaration in relation to any agreement, decision, concerted practice or abuse prohibited under sections 4 or 5 of that Act;
(b) to exercise powers under section 14 of the Competition Act, 1991, dealing with mergers, takeovers and monopolies, and request the Competition Authority to carry out an investigation;
(c) to lodge a complaint with the Director of Competition Enforcement under section 9 of the Competition (Amendment) Act, 1996;
(d) to request a study or analysis by the Competition Authority under section 11 of the Competition Act, 1991.
Given that Guinness Ireland Group notified its proposed take-over of United Beverages Holdings to the Competition Authority seeking a certificate of clearance for the proposal under the Competition Acts, it has not been necessary for me to exercise any of these powers.
