Oireachtas Joint and Select Committees

Tuesday, 1 October 2019

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Competition Law and Trade Associations: Discussion

Mr. Fergal O'Leary:

Yes, and this is an important point. It is not that we do not want to do as the Chairman described. Most State agencies have a similar role to us, certainly the economic regulators, in that we do not advocate on behalf of individual consumers and we are not in a position to give specific legal advice to businesses. As Ms Goggin said, it is in our interests for businesses to be compliant so we certainly give guidance. The issues over the last couple of months have shown to us that we probably need to do a bit more to make that guidance more accessible to people across the economy. We are working on that and accept the point that has been made. It is not a case that we do not want to be helpful. If we take a scenario where we gave specific legal advice to an individual company and somebody subsequently makes a complaint about our advice, we could end up in court. In that scenario, we will have given our position on the matter. As a State agency, one which is an enforcement body at heart, that is not something that we can do.