Oireachtas Joint and Select Committees

Tuesday, 2 February 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Pre-legislative Scrutiny of the General Scheme of the Competition (Amendment) Bill 2021

Ms Clare McNamara:

That is why it is important the court has a role in the confirmation of fines. We have set out in the general scheme taken from the directive how fines are calculated and the things that are taken into consideration. It is always important that a fine is not of a level that will put an undertaking out of business. That was taken from a Law Reform Commission report into this area on administrative sanctions. However, this is talking about a high level of fines and that is why it is important that the court will have a role. We are also building the appeal process into it to protects rights of the undertakings and of the people involved in those undertakings. They have to have the right to appeal.

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