Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 28:

In page 48, between lines 33 and 34, to insert the following:"Amendment of section 20 of Act of 2002
54.Section 20 of the Act of 2002 is amended⁠—

(a) in subsection (2), by inserting "and an officer (where the undertaking is a body corporate), partner (where the undertaking is a partnership) or any individual in control (in the case of any other form of undertaking) shall certify in writing that to the best of his or her knowledge and belief, the undertaking has complied with a requirement under this section" after "with it", and
(b) by inserting the following subsections after subsection (2):

"(2A) If, before the expiration of the period specified in a notice under subsection (2), the undertaking or undertakings concerned request, in writing, an extension to the specified period, the Commission may, where it considers it appropriate to do so, extend that period, and an undertaking to which such an extension is granted shall comply with the requirement under subsection (2) within the specified period as so extended.
(2B) The Commission, pursuant to a request from the undertaking or undertakings concerned, and where it considers it appropriate to do so, may further extend the period as extended under subsection (2A) or this subsection.".".

Currently, section 22 of the Competition Act 2002 allows the Competition Authority to require further information from an undertaking relating to a merger notification. Although the authority's standard request for the information calls for an officer of the undertaking to certify compliance with such a request, some parties refuse to comply and argue that the authority lacks the power to require such certification. These requests are an important step which contribute significantly to full and accurate responses. This delays examination of the merger, leads to unnecessary disputes, can reward the recalcitrant and prevents the authority from having timely access to needed information.
The proposed amendments to section 22 of the Competition Act 2002 provide that an officer of the undertaking concerned shall certify in writing to the new competition and consumer protection commission that he or she has complied with the request for information. This will add a very small extra administrative burden on the undertaking concerned but the overall gains are fewer delays in the examination process and quicker decisions on merger applications.
The remaining part of the amendment contains some drafting changes from the text that appeared in the Bill as initiated.