Dáil Éireann Debate, Thursday - 23 June 2016
307. Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation the number of current investigations being carried out by the Competition and Consumer Protection Commission into anti-competitive practices; if the sanctioning and investigatory powers are sufficient; and if she will make a statement on the matter. [17889/16]
View answerThe Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of alleged anti-competitive practices.
As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter. However, the CCPC has advised that it is currently conducting 5 investigations into alleged anti-competitive practices. Two of these relate to alleged price fixing activities. In addition, a case that the CCPC has sent to the Director of Public Prosecutions is scheduled to come up for trial in April 2017.
The CCPC currently has a wide and sufficient range of powers.
The CCPC has a wide range of investigation powers provided for in the Consumer Protection Acts 2007-2014, the Competition Acts 2002-2014 and relevant statutory provisions made under those Acts. It may also investigate suspected breaches of Articles 101 and 102 on the Treaty of the Functioning of the European Union.
The powers of the CCPC were significantly increased by both the Competition (Amendment) Act 2012 and the Competition and Consumer Protection Act 2014 (e.g. powers to consider commitments by undertakings to be Rules of Court, extended elements of the Criminal Justice Act to apply to serious competition law offences, etc.).
Very high penalties already apply to criminal offences under the Competition Acts 2002-2014 e.g. fines of up to €5 million or 10% of turnover (whichever is the higher) for an undertaking and/or up to 10 years in prison for a person or both.
