Dáil Éireann Debate, Wednesday - 6 March 2024
74. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment if he is satisfied that all issues involving unfair competition will be investigated in a fair and transparent manner by the CCPC; the level of oversight in this regard; the options of appeal open to complainants; and if he will make a statement on the matter. [10928/24]
Amharc ar fhreagra75. Deputy Darren O'Rourke asked the Minister for Enterprise, Trade and Employment to outline the process for ensuring that European competition law is applied fully in Ireland; if he will outline the role of the CCPC in this regard and oversight of same; and if he will make a statement on the matter. [10929/24]
Amharc ar fhreagraI propose to take Questions Nos. 74 and 75 together.
The Competition and Consumer Protection Commission (CCPC) is the designated regulatory authority tasked with ensuring adherence to and enforcement of competition law within Ireland. Further, the Commission for Communications Regulation (ComReg) has competition powers in electronic communications services, electronic communications networks and associated facilities.
The CCPC’s mandate encompasses the enforcement of various statutes, including the Competition and Consumer Protection Act 2014, which stipulates the CCPC’s independence in executing its duties. There is a dedicated CCPC liaison function in my Department which manages the Oversight and Performance Delivery Agreement between the Department and the CCPC.
The CCPC’s role with regard to EU competition law is provided for in the 2014 Act, which states that the CCPC has the power to carry out an investigation on its own initiative, in response to a complaint of a breach of competition law, or to assist with an investigation conducted by the European Commission or a competition authority of another Member State into suspected breaches of Article 101 or 102 of the Treaty of the Functioning of the European Union.
The CCPC is further empowered to address competition violations through the enforcement of the Competition (Amendment) Act 2022. This Act transposed the European ECN+ Directive into Irish law and represented a significant overhaul of Ireland’s competition regulatory framework. These revisions bolstered the effectiveness of Ireland’s competition enforcement mechanisms. With this enhanced enforcement authority, the CCPC can penalise violations, acting as a robust deterrent and fostering greater compliance.
Any person with evidence of a suspected breach of competition law may lodge a complaint with the CCPC. The CCPC will consider any such complaint and any relevant competition concerns on a case-by-case basis. The CCPC conducts investigations based on prioritisation criteria, which include assessing the level of economic or physical harm, potential impact of CCPC’s actions, strategic importance, resource allocation and associated costs.
A decision by the CCPC not to take further action in respect of a complaint does not infringe on the right of complainants to take private action. In such circumstances, complainants are notified of their right to pursue private action.
Under the recent reforms, the CCPC gains the authority, subject to court approval, to levy administrative financial penalties up to €10 million or 10% of total worldwide turnover on entities involved in competition law violations. The administrative adjudication framework established by the new law ensures adherence to due process and fair procedures as outlined in the Irish Constitution. It mandates a clear separation between the investigative and adjudication functions of the CCPC. Following a public consultation, the CCPC published a series of policies, guidelines, and procedures on the operation of its enforcement powers, including fining guidelines.
Furthermore, the CCPC retains the capability to investigate and pursue breaches of competition law, with options for summary prosecution in the District Court or referral to the Office of the Director of Public Prosecutions in more severe cases. The CCPC must meet evidential thresholds required for criminal prosecution. Additionally, it can initiate civil enforcement actions against violations of both Irish and European competition laws. Individuals or entities subject to enforcement actions have the right to appeal through the courts service. These enforcement powers extend to breaches of both European and Irish competition laws.
