Dáil Éireann díospóireacht -
Thursday, 17 Apr 1997

Vol. 477 No. 7

Written Answers. - Competition Law.

Ned O'Keeffe

Ceist:

143 Mr. E. O'Keeffe asked the Minister for Enterprise and Employment if he will initiate regular reviews of compliance with competition law by the Irish National Petroleum Corporation and the major oil companies; and if he will make a statement on the matter. [10260/97]

Minister for Enterprise and Employment (Mr. R. Bruton)

Policy matters regarding the Irish National Petroleum Corporation fall within the ambit of my colleague, the Minister for Transport, Energy and Communications.

However, if anyone has evidence of anti-competitive practices in any sector of the economy, it is now open to them to lodge a complaint with the Director of Competition Enforcement.

The Competition Act, 1991, prohibits anti-competitive practices and the abuse of a dominant position. The Act applies to undertakings, an undertaking being defined as a person being an individual, a body corporate or an unnamed corporate body or person engaged for gain in the production, supply or distribution of goods or the provision of a service.

The Competition (Amendment) Act, 1996, supplements the 1991 Act and provides for offences and penalties for breaches of the rules of competition as set out in the 1991 Act. In addition it provides for public enforcement of the rules of competition and I have appointed a Director of Competition Enforcement to give effect to the public enforcement provisions.

There are, therefore, two alternative ways for an individual or firm to pursue allegations of breaches of competition rules; take civil action under section 6 of the Competition Act, 1991, or make a complaint to the Director of Competition Enforcement requesting him to investigate any alleged breach or breaches of competition law.

In regard to reviews of compliance with competition law, the Competition (Amendment) Act, 1996, provides that the Competition Authority may now, on its own initiative, carry out a study or analysis of any practice or method of competition. In addition the director of competition enforcement is also empowered to carry out an investigation, on his own initiative, into any contravention of competition law that he suspects has occurred or may occur.