Oireachtas Joint and Select Committees

Wednesday, 6 July 2022

Joint Oireachtas Committee on Agriculture, Food and the Marine

General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion

Mr. Brian McHugh:

Our understanding is that the UTP directive, in terms of the rules that it sets on unfair trading practices, does not include practices around the setting of prices and that the parties are free to engage in contract and agree to their prices. With regard to the discussion of prices, the point we make about them is that it is important that parties which are in competition with one another do not discuss and come to an agreement on prices to, effectively, fix them. That would be a breach of competition law. I am not sure if the Deputy is referring to that issue. In terms of our role, however, we would have an obvious concern about businesses discussing pricing among themselves, in that it would have the potential to be cartel-like activity.