Dáil Éireann díospóireacht -
Tuesday, 9 Dec 1997

Vol. 484 No. 3

Written Answers. - Monopolies Legislation.

Bernard J. Durkan

Ceist:

49 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has satisfied herself that all regulations, commitments and obligations as required under the monopolies legislation are being honoured by all the companies which have been scrutinised under the competition of monopolies legislation; and if she will make a statement on the matter. [21961/97]

Tánaiste and Minister for Enterprise, Trade and Employment (Miss Harney)

I presume the Deputy is referring to competition legislation namely the Competition Act, 1991 and the Competition (Amendment) Act, 1996.

The 1991 Competition Act prohibits anti-competitive practices and the abuse of a dominant position. Section 4 of the Act prohibits and makes void all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State.

Section 5 prohibits the abuse of a dominant position.

The above are the rules of competition as set out in Irish legislation and the Competition Authority was established to implement the provisions of that legislation. In 1996 competition legislation was strengthened by the passing of the Competition (Amendment) Act, 1996. That Act gave the Competition Authority public enforcement functions and provided for the appointment of a director of competition enforcement with appropriate resources in order to give effect to the provisions of competition legislation.

It is the function of the Competition Authority to ensure that competition legislation is being implemented and I am satisfied, on the basis of the work by the Authority to date, that it is fulfilling its remit.