Oireachtas Joint and Select Committees

Tuesday, 1 October 2019

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Competition Law and Trade Associations: Discussion

Ms Isolde Goggin:

No, absolutely. We have talked a lot about cartel-type offences, which are horizontal agreements that are between parties at the same stage in the value chain. One of the major provisions of competition law is the one on abuse of dominance. Dominance is a high threshold. Just because a company is big, it does not automatically mean it is dominant. Dominance has a very specific meaning and normally involves companies with a market share of more than 50%. That could be in the form of the company either abusing consumers by charging excessive prices or it could be something that we have investigated quite a lot in terms of larger companies, whereby discounts are given to consumers which are so large that no smaller company can come in. They are what we would call exclusionary discounts. We have certainly investigated that in relation to An Post and RTÉ where, for example, smaller competitors found it almost impossible to attract consumers because they were tied in by very strong rebates and discounts. That is one example. We do our best to provide guidance by providing guidelines and information on our website about compliance with competition law, how to make a complaint and compliance with consumer law.