Ms Isolde Goggin:

There are a number of different possibilities. It might be something that is reported in the media. This is particularly the case with regard to an investigation into price signalling. By its nature, price signalling is out there and is in the public domain. It is something that can be picked up from media, with people saying there needs to be an increase of X% in this industry over the next year, for example. If people are acting on that then, it is something that can be picked up through market intelligence and surveillance. We can pick things up through complaints.

In terms of criminal investigations, one is looking at ending up in the Central Criminal Court on a cartel offence and in that context, one's best evidence is informant evidence. We are talking about an immunity applicant, that is, somebody who was there and who can swear up to what happened, whether meetings were held and whether agreement was reached. It is somebody who can provide names, locations, dates of meetings and so on. The problem with that is that if a person has been present at all of those meetings, it is very likely that he or she has also committed a criminal offence. That is why we have introduced a cartel immunity programme in conjunction with the Director of Public Prosecutions. Under that programme, persons who have been part of a cartel and have engaged in behaviour that could be regarded as criminal can come forward to us, apply for immunity and on the basis that they give us evidence and fully co-operate with the inquiry, we can ask the Director of Public Prosecutions, DPP, not to prosecute them and to use their evidence in the criminal cartel case.

Next we would look at whistleblower evidence. By whistleblower, I mean someone who has information but who was not necessarily a part of the cartel. Again, it is somebody who could give one specific information as to names, dates and exactly what form of behaviour occurred. That kind if information is what one can use to ground a warrant.