Vol. 489 No. 2
78 Mr. Spring asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the comments of the chief executive of the Consumer Association of Ireland that the cost of making calls from fixed line telephones to mobile phones needs urgent investigation following the decision of a monopolies commission investigation on this subject in the United Kingdom. [7687/98]
As the Deputy is aware, the market for the provision of mobile telephony services is open to competition under the auspices of my colleague, the Minister for Public Enterprise, by means of the Office of the Director of Telecommunications Regulation. Accordingly, price levels in this area are not controlled by regulation — they are a consequence of market forces. Competition in markets overall is governed by the rules of competition as set out in the Competition Acts, 1991 and 1996.
The Competition Act, 1991, prohibits anti-competitive practices and the abuse of a dominant position. The Competition (Amendment) Act, 1996, supplements the 1991 Act and provides for offences and penalties for breaches of the rules of competition as set out in the 1991 Act. In addition it now provides for public enforcement of the rules of competition. The Director of Competition Enforcement was appointed in order to give effect to the public enforcement provisions.
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 an investigation.
In addition, the Director of Competition Enforcement can investigate, whether on his own initiative or as a result of a complaint, any breaches of the Competition Acts that he suspects has occurred or may occur. As a result of these investigations he may make recommendations to the Competition Authority regarding the institution of legal proceedings in the matter.
The Deputy's concerns and those of the Consumers Association of Ireland regarding this matter have been brought to the attention of the Competition Authority and the Director of Competition Enforcement.
