Tony Killeen (Clare, Fianna Fail)

However, I do not intend that the remainder of the proceedings will be quite as entertaining.

Amendment No. 1 in the name of Deputy Howlin is designed to criminalise behaviour that will be prohibited under the Bill but, as the Minister for Enterprise, Trade and Employment, Deputy Martin, explained on Committee Stage, the prohibitions contained in the Bill are not per se offences. In other words, the conduct in question is not prohibited in all cases. That answers the question that Deputy Howlin raised.

Anti-competitive agreements and decisions or concerted practices by associations or undertakings are already prohibited under section 4 of the Competition Act 2002. Such hardcore cartel-type conduct is regarded as among the most serious of anti-competitive offences. However, the amendment seeks to deal with unilateral conduct on the part of a single undertaking. Such conduct is prohibited under the Bill but is less serious as it cannot amount to a cartel-type activity. Therefore, a civil prohibition has a number of advantages in that it allows the aggrieved parties or the Competition Authority to proceed quickly to court to deal with the issue. In addition, Deputies will be familiar with the rule of reason approach to criminal offences, which comes into play in this instance.

For those reasons, it would be inappropriate to accept amendment No. 1.

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