Vol. 497 No. 2
66 Mr. Ring asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on whether The national lottery is in breach of competition rules in view of the fact that it will not give online lottery machines to more agents countrywide. [24552/98]
The Competition Act, 1991, prohibits anti-competitive practices and the abuse of a dominant position. The Act applies to undertakings, an undertaking being defined as a person being an individual, a body corporate or an unnamed corporate body or person engaged for gain in the production, supply or distribution of goods or the provision of a service.
Section 6 provides that 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 penalties 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 in order to give effect to the public enforcement provisions.
There are two alternative ways of pursuing allegations of breaches of competition rules:
(i) take civil action, in the courts, under section 6 of the Competition Act, 1991, or,
(ii) make a complaint to the Director of Competition Enforcement under the 1996 Act requesting him to investigate the alleged breach(s). If there are grounds for prosecution following investigation the matter is then prosecuted through the courts. The Director of Competition Enforcement is in the Competition Authority, Parnell House, Parnell Square, Dublin 1.
Any allegations of anti-competitive behaviour therefore fall to be dealt with by the independant Competition Authority and/or the courts.
