The Competition Authority is the statutory independent body charged with the enforcement of competition law in the State. The authority, whose powers and independence were enhanced under the Competition Act 2002, has a policy of not commenting on investigations given their potentially criminal nature. Accordingly, it would not be appropriate for me to comment on any current cases either.
However, while the authority is independent in regard to its day to day operations, its chairperson is accountable to the Oireachtas under the Competition Act 2002 and he may be requested to appear before Oireachtas committees. In that regard, he appeared before the Committee of Public Accounts on 22 July 2004 at which time the committee raised, inter alia, the authority’s record on cartels.
At the meeting on 22 July, the chairperson stated that three files had been referred to the DPP, one of which is currently before the courts.