Written Answers. - Competition Authority Staffing.
Michael Noonan
Question:
117
Mr. Noonan
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to the fact that the Competition Authority is unable to carry out investigations in certain areas of the economy due to lack of staff and resources; if her attention has further been drawn to the fact that the Quarry and Concrete Family Alliance has requested additional resources for the authority to enable it to inquire into the industry; and if she will make a statement on the matter.
[10722/00]
Michael Creed
Question:
122
Mr. Creed
asked the
Tánaiste and Minister for Enterprise, Trade and Employment
if her attention has been drawn to the widespread concern in the quarry and concrete industry regarding alleged uncompetitive practices and the inability of the Competition Authority, due to inadequate resources, to offer protection under competition law; and if she will make a statement on the matter.
[10840/00]
I propose to take Questions Nos. 117 and 122 together.
I have recently met representatives of the Quarry and Concrete Family Alliance at their request in regard to a number of issues which are of concern to them.
The alliance raised issues related to quarry owners who had lost their business as a result of practices in the quarry and concrete business which they considered to be unfair and to constitute an abuse of a monopoly position. It expressed the view that the Competition Authority was not able to investigate this issue properly due to lack of resources. The alliance also expressed particular concern about the beneficial ownership of a number of companies.
My Department is pursuing inquiries about the exercise of beneficial ownership in the cases identified. I will be in contact with the alliance again when the issues raised in its submission to me have been fully considered.
In the area of competition, competition law in Ireland is governed by the Competition Acts, 1991 and 1996.
The Competition Act was enacted in 1991 and it 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 unincorporated body of persons engaged for gain in the production, supply or distribution of goods or the provision of a service.
Sections 4 and 5 of the Competition Act, 1991, set out the rules of competition.
In regard to remedies for anti-competitive behaviour, section 6 of the Competition Act, 1991, 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 and a Director of Competition Enforcement was appointed in order to give effect to those public enforcement provisions.
There are therefore two alternative ways of pursuing allegations of breaches of competition rules:
(i) take civil action under section 6 of the Competition Act, 1991, or,
(ii) make a complaint to the Director of Competition Enforcement requesting him to investigate the alleged breach
In regard to resources, I recently announced the appointment of a new chairman and member in the Competition Authority and other appointments, both at professional and non-professional level, will follow. In addition, my Department, together with the Competition Authority, is undertaking a study of the authority's operations with a view to assessing the authority's future resource requirements. I am fully committed to ensuring that the authority is adequately resourced to discharge its important statutory functions and I will speedily address any resource deficiency identified in the study when the report is to hand.
