Dáil debates

Wednesday, 8 February 2012

Competition (Amendment) Bill 2011: Report Stage

 

12:00 pm

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)

The Bill is about fair competition and setting the tone for the Competition Authority, which is an independent body that oversees the marketplace and ensures there is fair competition. Equally, of its nature business is competitive, but it is the role of the Competition Authority to identify the dominance of one business resulting in the closure of another.

It is important to state that the Attorney General has advised that civil fines are not provided for in Irish law. Providing for them would pose legal difficulties having regard to Article 38.1 of the Constitution, even at the level of a class A fine. In that context any legislation to introduce civil fines that would lower the burden of proof from beyond reasonable doubt to the balance of probability would pose constitutional difficulties having regard to the protection afforded in Article 38.1 of the Constitution.

The first part of Deputy O'Dea's proposed amendment would give the court less power than that proposed by the Government in section 3 by not including the power to undertakings to adopt measures to cease to be in a dominant position and is therefore not acceptable.

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