Competition Law.

Dáil Éireann Debate, Tuesday - 16 May 2006

Tuesday, 16 May 2006

Ceisteanna (215)

Billy Timmins

Ceist:

269 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the position in relation to the Competition Authority who must take their proofs to the Courts, to the High Court in the case of a civil breach of the Act or to the Central Criminal Court via the Director of Public Prosecutions in the case of a criminal breach, as these instances must be proven to high standard and take up considerable resources in terms of staff allocation, time, legal fees, expert witnesses and so on as it takes approximately six officers two years to put together a file for the DPP on a significant cartel case; if in view of same he will consider allocating more resources in order that his staff can investigate all complaints from the public to the highest level; and if he will make a statement on the matter. [17866/06]

Freagraí scríofa

Minister for Enterprise, Trade and Employment (Mr. Martin)

I appreciate that investigations of breaches of competition law by the Competition Authority are difficult, complex, resource intensive and time consuming, as is the case with investigations of all white-collar type offences. I secured an increase in funding for the Authority in 2006 and 7 new posts were approved for its Cartel Investigation Division. A recruitment campaign for these posts is currently underway and it will result in a doubling of the Division's resources. The Authority expects that when the new posts have been filled it will be in a position to build on its recent successes in the criminal courts where, in one cartel case alone, it has, through prosecutions brought by the DPP, secured 15 convictions to date with further trials pending. These are the first criminal convictions on indictment ever secured in Ireland or in the EU for competition law offences.

In relation to civil cases I understand that the Competition Authority is satisfied that its current resources are sufficient to properly investigate alleged breaches of the Competition Act and to initiate legal proceedings where appropriate. Frequently a solution acceptable to the Authority in such cases is reached following negotiations with the parties. The Authority may also settle cases without recourse to the courts where offending parties recognise and remedy their anti-competitive behaviour. Nonetheless I intend to keep the Authority's resources under review.