Micheál Martin (Cork South Central, Fianna Fail)

Such actors do not generally have employment security. They are free to accept or decline specific work as they see fit. Actors are not generally thought of as employees of a particular agency. In light of these factors, the Competition Authority took the view that actors are independent contractors and therefore are "undertakings" subject to the Competition Act. However, the authority also said there may be some actors who have genuine contracts of service and who are therefore employees, as is the case with some musicians. However, its investigation revealed that the vast majority of actors providing advertising services under the agreement that it examined were independent contractors and therefore undertakings. Having found the actors to be undertakings, it followed that Irish Actors Equity in this case was an association of undertakings and subject to the Competition Act.

The Competition Authority may enforce competition law by seeking appropriate civil remedy in the High Court or by recommending the prosecution of a criminal action by the Director of Public Prosecutions. Generally, the authority pursues a criminal prosecution only where there is clear evidence that parties are in breach of the more serious "hard-core" provisions of the Act.

Although the authority's investigation revealed an element of price-fixing, it elected, in this instance, to pursue civil relief. However, prior to the commencement of proceedings, the parties expressed their willingness to address the authority's competition concerns and signed undertakings. These undertakings are appended to the authority's decision, which is published on its website. The authority also acknowledges the right of Irish Actors Equity to represent employed actors in collective bargaining with employers.

I understand the view expressed by the authority was in respect of this particular case only as it is the courts alone that can interpret the law.

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