Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

Competition law does not provide for the Minister to adjudicate as whether he or she likes the cut of one's jib. There is a very clear line derived from the treaties at the foundation of the European Union. The relevant elements were the old articles 81 and 82. At the heart of that is the distinction between an employee and an undertaking, and undertakings cannot in effect seek to set fees, regardless of who is involved. That is whether it is the public as a broad and undifferentiated mass of consumers or the State as a representative because it funds the service. That is the heart of this distinction and it is designed to protect the idea of fairness. It relates to groups of independent undertakings seeking to work together and set a fee. It has an effect on negotiations such as this and, for example, in the medical area there are discussions which could involve negotiations about everything except the fee element. In that case there can be consultation but not negotiation. In that case the Minister sets the price because there cannot be a group combining to set a price.