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Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 11: In page 16, line 8, to delete “section 15G” and substitute “this Part”. These amendments make some small technical amendments to the language dealing with prohibition notices in new sections 15H to 15G to be inserted into the Competition Act 2002 by the Bill. A prohibition notice can be used where there is a risk of serious and...

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 12: In page 16, lines 9 and 10, to delete “an ongoing infringement” and substitute “conduct which may give rise to an infringement of relevant competition law”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 13: In page 18, line 15, to delete “inaccuracy” and substitute “error of fact or law”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 14: In page 18, line 20, to delete “stage” and substitute “time”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 15: In page 18, line 22, after “and” to insert “forms the view”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 16: In page 18, line 38, to delete “or 14B”. The amendments that I am proposing are very straightforward. They are technical amendments - some deleting a word, some adding a word and, some clarifying small typographical mistakes. These amendments are not policy driven; they are merely tidying up the draft. Amendment No. 16 also removes a reference to...

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 17: In page 19, line 40, to delete “entered into under section 15Z” and substitute “imposed under section 15X in accordance with section 15Z”. This amendment removes a section of the published Bill that allowed for an adjudication officer to impose a structural or behavioural remedy where the undertaking has consented. It is still possible...

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 18: In page 20, to delete lines 5 and 6 and substitute the following: “(c) structural or behavioural remedies under section 15Z; (d) section 14A or 15C.”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 19: In page 20, lines 9 and 10, to delete “has, in accordance with section 15K(1),” and substitute “has”. These amendments make small technical amendments to the language dealing with the statements of objections in the new subsection 15L to be inserted in the Competition Act 2002 by the Bill. Section 15L sets out the elements that must be...

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 20: In page 20, line 20, to delete “ordered under section 15Z” and substitute “imposed under section 15X in accordance with section 15Z”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 21: In page 20, lines 39 and 40, to delete “to protect commercial confidentiality, protect the rights of the parties or any other person” and substitute the following: “to protect the rights of the parties or any other person, to protect commercially sensitive information”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 22: In page 21, line 18, after “or” to insert “otherwise continue the”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 23: In page 21, line 28, to delete “or 15Z(6)”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 24: In page 21, line 30, to delete “and” and substitute “for the purpose of considering whether to”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 25: In page 21, line 42, to delete “and” and substitute “for the purpose of considering whether to”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 26: In page 23, lines 5 and 6, to delete “or section 15Z(6)”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 27: In page 23, lines 7 and 8, to delete “determination or referral referred to in subsection (5)(e) or (6)(b)” and substitute “referral to an adjudication officer in accordance with section 15M”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 28: In page 23, line 33, to delete “commercial confidentiality” and substitute “commercially sensitive information”.

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 29: In page 24, to delete lines 9 to 12 and substitute the following: “(12) A person who receives— (a) a full investigation report and any submissions under subsection (9), or (b) copies of material under subsection (2), shall not, without the prior authorisation of the competent authority, disclose the existence or the content of the material or...

Select Committee on Jobs, Enterprise and Innovation: Competition (Amendment) Bill 2022: Committee Stage (6 Apr 2022)

Robert Troy: I move amendment No. 30. In page 24, line 19, to delete “7 days” and substitute “12 working days”. These amendments change references from "days" to "working days". When reviewing the Bill, we found there was an inconsistency with regard to how time was measured. Some time limits were quoted in "days" and others in "working days". In the interests of clarity...

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