Dáil Éireann Debate, Thursday - 26 May 2016
260. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if the search powers of the Competition and Consumer Protection Commission are sufficient to investigate anti-competitive practices; if restrictions exist; and if she will make a statement on the matter. [12425/16]
View answerThe search powers of the Competition and Consumer Protection Commission (CCPC) for the purposes of investigating alleged breaches of competition law are set out in section 37 of the Competition and Consumer Protection Act 2014 (the “2014 Act”). Section 37 of the 2014 Act gives the CCPC significant powers of entry, search and seizure in the context of competition law investigations. For the purpose of obtaining any information which may be required in relation to a matter under investigation, these powers include the power (i) to enter a place (if necessary by reasonable force) and to search that place, (ii) to seize and retain books, documents or records found at the place, and (iii) to inspect and take copies of or extracts from any such books, documents or records. In order to exercise these powers, the CCPC must first obtain a search warrant from the District Court.
The Deputy will be aware that the exercise of the CCPC’s search and seizure powers under section 37 of the 2014 Act was challenged in a recent High Court action taken by CRH plc against the CCPC. CRH’s High Court action related to an unannounced search carried out by the CCPC at the premises of CRH’s subsidiary, Irish Cement Limited, on 14 May 2015 as part of an ongoing investigation by the CCPC into alleged anti-competitive practices in the bagged cement sector.
I am aware that on the 19th May 2016, the Competition and Consumer Protection Commission (“the CCPC”) lodged an appeal against the High Court judgment delivered on 5 April 2016 prohibiting the CCPC from accessing or reviewing certain electronic documents seized by the CCPC during the search conducted in May 2015. As the matter is sub judice, it would not be appropriate for me to comment further on this matter.
