Tony Killeen (Clare, Fianna Fail)

The legislation contains a series of tests, which would be entirely destroyed by two of the amendments. It is impossible to deal with the two critical issues of dominance and predatory pricing without doing so in the context of the entire Bill. These issues also recur in later amendments but one cannot pick a sentence or two and make a fundamental change, which undermines not only the effect of this legislation, but, more importantly, the provisions of the 2002 Act, which, ultimately, are of great importance in the area of competition. The threshold can be determined by the various tests provided in the legislation and not by percentages. It is only of critical importance in the context of predatory pricing. A number of Members have failed to put the two together to make the equation that would create the difficulties they envisage and they have failed to give sufficient consideration and weight to the provisions of the legislation which address the issue considerably better than if these amendments were accepted.

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