Vol. 428 No. 6
20 Mr. J. Higgins asked the Minister for Enterprise and Employment the number of inquiries carried out to date by the Competition Authority established under the Competition Act, 1991; the action, if any, that was taken in each case; and if he will make a statement on the matter.
108 Mr. J. Higgins asked the Minister for Enterprise and Employment if he has satisfied himself that existing competition legislation is affording adequate protection to small-medium sized businesses and traders; and if he will make a statement on the matter.
I propose to take Questions Nos. 20 and 108 together.
The system provided by the 1991 Competition Act is one of prohibition of anti-competitive practices and agreements, with the possibility of obtaining exemption by way of a certificate or licence from the Competition Authority, and, the prohibition of an abuse of a dominant position.
A remedy for anti-competitive practices is available to all aggrieved parties, whether large or small, through action in the courts. Remedy can be by way of declaration, injunction or damages, including exemplary damages.
An action in the case of an abuse of a dominant position can, since November 1992, be taken in the Circuit Court. I am aware of actions initiated by small and medium sized businesses and traders.
The system of public inquiries by the Fair Trade Commission which was in place under the restrictive practices Acts has been replaced by the new system of prohibition under the 1991 Act. Under the Act the Competition Authority has received notifications seeking a licence or certificate for certain anti-competitive activities where the beneficial consequences outweigh the restrictive effects. Between the coming into effect of the Act on 1 October 1991 and 25 March 1993 the authority received 1,150 notifications seeking a certificate or a licence. The bulk of these notifications were made towards the end of September 1992.
With regard to mergers, one proposed merger was referred to the authority since the Act came into effect and its report was published on 30 March 1992. On the same day the Minister made an order prohibiting the proposed merger.
