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Competition and Consumer Protection Commission

Dáil Éireann Debate, Tuesday - 2 April 2019

Tuesday, 2 April 2019

Ceisteanna (236)

Seán Fleming

Ceist:

236. Deputy Sean Fleming asked the Minister for Business, Enterprise and Innovation the number of court prosecutions initiated by the Competition and Consumer Protection Commission in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15333/19]

Amharc ar fhreagra

Freagraí scríofa

The Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition law in the State.  Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions.  As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, the Minister for Business, Enterprise and Innovation has no direct function in the matter.

The following table details the relevant information regarding the fines imposed on undertakings and individuals arising from cases investigated by the CCPC. It is important to note that, with the exception of Fixed Payment Notices, fines following a summary prosecution are imposed by the Courts and payments are made to the relevant District Court Office and not to the CCPC. Fines imposed in criminal proceedings are the responsibility of the courts. The CCPC itself collects Fixed Payment Notices from relevant traders.  

- Criminal breaches of competition law - the CCPC’s role is to investigate alleged cartels and if sufficient evidence of a cartel is obtained, the CCPC role involves the submission of a file to the Director of Public Prosecutions (DPP) with a recommendation as to prosecution. It is the DPP that initiates the court prosecution and not the CCPC.

- Civil breaches of competition law - the objective of a non-criminal law investigation is to determine if there is sufficient evidence of a breach and to take appropriate actions. Civil breaches of competition law are enforced through the civil courts and have to be proven on a balance of probabilities. With respect to these breaches the most the CCPC can achieve through the Courts at present is to: (i) seek a declaration of an infringement; (ii) seek commitments from a business that they will cease the practice; and/or (iii) obtain an injunction against the business doing the same action again. Financial sanctions cannot be imposed.

- Consumer protection law - A criminal prosecution for a trader who has broken the law is the ultimate enforcement sanction available to the CCPC. The level of fines and penalties following a successful prosecution are set out in the various consumer protection statutes and are imposed by the courts.

- Compensation orders - can be imposed instead of or in addition to fines. If the compensation order is not paid then the consumer may enter judgement in the court and is enforceable in the same manner as civil proceedings. The CCPC does not enforce the payment of compensation orders.

- Fixed Payment Notice - The Consumer Protection Act enables the CCPC to issue a fixed payment notice (FPNs) in respect of contraventions of primarily price display legislation. FPNs can also issue for breaches of law giving effect to the Consumer Rights Directive. This sanction may be used as an alternative to prosecution. The penalty is €300 and must be paid within 28 days. Failure to pay will result in prosecution.

- Note - the CCPC’s 2018 Consumer Protection List (which details all enforcement action under consumer protection law for the year) is currently being finalised and therefore not included in the excel spreadsheet.

CCPC Prosecutions

Year

Business Practice 

Against 

Outcome 

Sentence 

Total value 

Paid 

Additional Information 

Consumer Protection law - Misleading Commercial Practice 

Timmy Keane

Convicted

Fined €500 & €7,000 compensation order 

€7,500

Not collected by CCPC

Consumer Protection law -  Misleading Commercial Practice 

VK Motors Ltd

Convicted

Fined €500

€500

Not collected by CCPC

Consumer Protection law -  Misleading Commercial Practice 

Brian Fassnidge

Convicted & sentenced in 2015

€4,000 in fines €10,000 in costs  €1,000 in compensation to consumers€17,200 repaid to the affected consumers.

€32,200

Not collected by CCPC

Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002

Against 43 traders listed in the CCPCs 2014 CPL

Notices issued by the CCPC 

€300 per Fixed Payment Notice (FPN) 

€12,900

Y

2014

Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order, 1999 - 1 FPN issued

Against1 trader listed in the CCPCs 2014 CPL

Notices issued by the CCPC 

€300 per FPN

€300

Y

Consumer Protection law -  Misleading Commercial Practice 

Castletown Motors

Not guilty 

NA

NA

NA

Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002

Against 31 traders listed in the CCPC's 2015 CPL

Notices issued by the CCPC 

€300 per FPN

€9,300

2015

Traders in breach of the Retail Price (Beverages in Licensed Premises) Display Order 1999.

Against 2 traders listed in the CCPC's 2015 CPL 

Notices issued by the CCPC 

€300 per FPN

€600

Y

Consumer Protection law -    Misleading Commercial Practice 

Timmy Keane

Convicted

€5,000 compensation order 

€5,000

Not collected by CCPC

Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013  

Against 1 trader listed in the CCPC's 2016 CPL 

Notices issued by the CCPC 

€300 per FPN

€300

Y

2016

Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002

Against 27 traders listed in the CCPC's 2016 CPL 

Notices issued by the CCPC 

€300 per FPN

€8,100

Y

Competition law - Bid rigging 

Aston Carpets

Convicted following a guilty plea. 

Fined €10,000

€10,000

Not collected by CCPC

Cases prosecuted by the DPP on foot of a file referred by the CCPC 

Competition law - Bid rigging 

Brendan Smyth 

Convicted following a guilty plea 

3 month suspended sentence & fined €7,5000 

€7,500

NA (see below)

Cases prosecuted by the DPP on foot of a file refered by the CCPC 

Consumer Protection law -              Misleading Commercial Practice 

Timmy Keane

Convicted

6 month suspended sentence €5,000 compensation order 

€5,000

Not collected by CCPC

Consumer Protection law -              Misleading Commercial Practice 

Jonathan McSherry

Convicted

3 month imprisonment 

NA

Consumer Protection law -              Misleading Commercial Practice 

Mr Oleksandr Matveyshyn 

Convicted

€500 fine, €8,000 compensation order & €1,000 costs

€9,500

Not collected by CCPC

Traders in breach of the EC (Requirements to Indicate Product Prices) Regulations 2002

Against 33 traders listed in the CCPC's 2017 CPL 

Notices issued by the CCPC 

€300 per FPN

€9,900

Y

FPNs issued to traders who failed to display a notice as required by Article 3 of the Retail Price (Beverages in Licensed Premises) Display Order 1999

Against 1 trader listed in the CCPC's 2017 CPL 

Notice issued by the CCPC 

€300 per FPN

€300

Y

2017

Traders in breach of consumers' cancellation rights under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013

Against 1 trader listed in the CCPC's 2017 CPL 

Notice issued by the CCPC 

€300 per FPN

€300

2018

Competition law - Bid rigging 

Brendan Smyth 

Leniency of sentence appealed 

Fine increased to  €45,000 

€45,000

Currently engaging with the Courts Services as to time period allowed for discharge of fine 

Appeal was made by the DPP 

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