Oireachtas Joint and Select Committees

Tuesday, 23 February 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

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

Photo of Richard BrutonRichard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I would like to return to the issue of the capacity to develop codes of practice on the back of a new civil standard of prosecution. In her reply, Ms Goggin talked about block exemptions. However, that is a very narrow competition response to cases where parties are trying to get exemptions for behaviour that might be construed as anti-competitive. Is there a wider range of areas for which codes of practice could be established? I am thinking of dominant companies in particular. I have seen predatory pricing carried out by companies that appears to be wrong. Could a code of practice on predatory pricing by dominant players be introduced? Could codes of practice be brought in around the adequacy of complaint procedures and the ability of consumers to contact companies in the event that service is unsatisfactory? It is a real mark of a dominant player that it can start to become lazy around the provision of service to its consumers. With this new civil standard, if codes were developed in some of the areas I mentioned, could they become a more effective means of tackling such behaviour? Ultimately, civil action can be taken if companies fail to comply with what appear to be good codes. Is there further capacity to develop codes and set standards so that good practice can evolve in the sector, rather than having to rely on "Gotcha" options? Civil and criminal action is always difficult. I am wondering whether the new civil standard opens up that option.

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