Vol. 547 No. 3
66 Mr. Flanagan asked the Tánaiste and Minister for Enterprise, Trade and Employment the role of the Competition Authority if a request for immunity is made under the cartel immunity programme; and if she will make a statement on the matter. [3379/02]
87 Mr. T. Hayes asked the Tánaiste and Minister for Enterprise, Trade and Employment the details of the cartel immunity programme in relation to prosecution for criminal offences under the Competition Acts; and if she will make a statement on the matter. [3378/02]
I propose to take Questions Nos. 66 and 87 together.
The Competition Authority has identified the pursuit of cartels as a top priority. Cartel behaviour is by its very nature conspiratorial and harmful to consumers as it results in their having to pay more than they should for goods and services. Participants in cartels are secretive and experience has shown in other jurisdictions that hard-core cartels are notoriously difficult to detect and prosecute successfully.
The authority investigates alleged breaches of the Competition Acts. The Director of Public Prosecutions has sole responsibility for prosecuting offences on indictment. The Competition Authority had been working for some time with the Director of Public Prosecutions on the development of a cartel immunity programme and on 20 December 2001, it announced, in conjunction with the director, the introduction of such a programme.
The programme outlines the policy and procedures involved in applying for immunity from prosecution for criminal offences under the Competition Acts, 1991 and 1996. The programme makes transparent the policy of both the authority and the Director of Public Prosecutions in considering applications for immunity in cases of self-reporting of cartel activity. It also outlines the process through which parties must agree to co-operate in order to qualify for immunity. It encourages self-reporting of unlawful cartels by offenders at the earliest possible stage.
