Vol. 547 No. 4
77 Mr. Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the monopoly situation which has arisen regarding refuse collection in some areas of the country such as Kildare; if she will investigate this situation; and if she will make a statement on the matter. [3796/02]
Responsibility for refuse collection does not come within my remit as Minister for Enterprise, Trade and Employment. However, in so far as competition in this or any other sector is concerned, the Competition Act, 1991 and the Competition (Amendment) Act, 1996 applies. The 1991 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.
Section 4 of the Competition Act prohibits and makes void all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State. Section 5 prohibits any abuse of a dominant position. 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.
