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Dáil Éireann debate -
Tuesday, 30 Jun 1998

Vol. 493 No. 3

Written Answers. - Drink Prices.

Ivor Callely

Question:

85 Mr. Callely asked the Tánaiste and Minister for Enterprise, Trade and Employment if the concerns of the general public at the cost of drinks particularly soft drinks, sold in public houses has been brought to her attention; the consideration, if any, she has given this matter; the measures, if any, available to her to control these prices; and if she will make a statement on the matter. [15640/98]

Legislation is in place to ensure the transparency of drink prices sold in public houses. The Retail Prices (Beverages in Licensed Premises) Display Order, 1976, obliges licensed premises to display a list of the price(s) of all beverages sold on the premises. The regulations are enforced by the Director of Consumer Affairs, who regularly takes prosecutions for non-display of price lists.

As regards the prices charged, it is Government policy to encourage competition and to promote greater price awareness among consumers. As the Deputy will be aware, prices in this area are not controlled by regulation — the price levels are determined by the market. However, competition in the market is governed by the rules of competition as set out in the Competition Acts.

The Competition Act, 1991, prohibits anti-competitive practices, including price fixing and the abuse of a dominant position. Under the Act, any person aggrieved in consequence of anti-competitive activity has a right of action in the courts for relief, by way of injunction or declaration and damages, including exemplary damages.

The Competition (Amendment) Act, 1996, contains offences and penalty provisions for breaches of the rules of competition as set out in the 1991 Act. In addition, it provides for public enforcement of the rules of competition. A Director of Competition Enforcement has been appointed to give effect to the public enforcement provisions.

As a result of the enactment of the Competition (Amendment) Act, 1996, there are now two alternative ways of pursuing allegations of breaches of competition rules. If the Deputy has any evidence of anti-competitive behaviour, he could take a civil action under section 6 of the Competition Act, 1991, or lodge a complaint with the Director of Competition Enforceemnt requesting him to investigate the alleged breach(s). The Director of Competition Enforcement is based at the offices of the Competition Authority, Parnell House, Parnell Square, Dublin 1.

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