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Padraic Burke
Posted on 16 Feb 2012 10:42 pm

Under section 30 (2) of the Competition Act 2002, the Minister can request the Competition Authority to carry out a market "study or analysis" of the cement and concrete industry. The Competition Authority is not independent in that it relies on Minister Bruton under sections 39 and 43 of the Competition Act 2002 to fund it in order to carry out its statutory function. Minister Bruton has an obvious conflict of interest in that he is a former employee and current shareholder in CRH. It is no wonder he refuses to initiate an investigation. This is political capture at its worst. Minister Bruton is also responsible for appointing Gerald FitzGerald as a member of the Competition Authority. Gerald FitzGerald is a former partner of McCann FitzGerald, the firm responsible for defending Readymix plc in cases of Competition Law infringements. How can someone be charged with regulating an industry when he comes from that industry himself?


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