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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. 152: In page 103, between lines 26 and 27, to insert the following: "Non-applicability of limitation periods to certain actions 22. The Principal Act is amended by the insertion of the following section after section 55: "55A.(1) The matters referred to in subsection (2) may be brought, made or taken, as the case may be, by the competent authority at any time,...

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

Robert Troy: I move amendment No. 153: In page 103, line 30, to delete “definition” and substitute “definitions”. Amendments Nos. 153 and 154 include a new definition needed for section 10 of the Competition and Consumer Protection Act 2014 on 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. 154: In page 103, to delete lines 31 and 32 and substitute the following: “ “ ‘Regulation of 2003’ means Regulation (EC) No. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty; ‘relevant competition law’ has the same meaning as it has in the Act of...

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

Robert Troy: I move amendment No. 155: In page 103, between lines 34 and 35, to insert the following: “(a) in paragraph (c) of subsection (1), by the substitution of “on its own initiative, in response to a complaint made to it by any person, or to assist with an investigation conducted by the European Commission or a competition authority of another Member State in accordance with the...

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

Robert Troy: I thank Deputy O'Reilly for her proposed amendment. I genuinely and fully understand the spirit in which it is being tabled. We are all at one in this area. We are all aware of the present volatility in electricity, gas and fuel prices. In part, this is being driven by geopolitical factors and the war in Ukraine, which we all heard about earlier during President Zelenskyy's address to the...

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

Robert Troy: It does have the power. As the Deputy quite rightly stated, a substantial number of complaints have been submitted to the CCPC. They were put on the record of the Oireachtas committee and raised in the CCPC's correspondence with me. The Deputy said she met the representatives of the commission and that they are analysing the complaints. If the commission feels that complaints are valid,...

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

Robert Troy: I move amendment No. 157: In page 104, line 4, to delete "substitution" and substitute "insertion".

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

Robert Troy: I move amendment No. 158: In page 104, line 4, to delete "for" and substitute "after".

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

Robert Troy: I move amendment No. 159: In page 104, to delete lines 6 to 8 and substitute the following: ""(ca) the referral of a matter to an adjudication officer for decision under section 15M of the Act of 2002,".".

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

Robert Troy: I agree wholeheartedly with the Deputy that it is important that a regulatory body be adequately resourced to coincide with any necessary legislative provision that gives it additional powers. My Department and the CCPC recognise that significant adequate additional resources will be required to implement the new legislation. In the past two budgets alone, the CCPC has received an increase...

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

Robert Troy: I genuinely believe that the best way to negotiate budgets is to look forward and not at historical performance. The CCPC can make a business case as to what is needed to run the service it provides adequately. We have demonstrated in the past two budgets that we recognise a resource increase is needed. In the past two budgets, an increase of 20% was given to the CCPC. Its current staff...

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

Robert Troy: I fully appreciate where the Deputy is coming from and what she wants to achieve. I will give her a little context for where we are coming from. The CCPC is a statutory body and the legislation underpinning it gives it statutory functions that give effect to policy. It has a number of functions under section 10 of the Competition and Consumer Protection Act 2014, which include the power to...

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

Robert Troy: I will point out the State is bound by EU law to fully resource competent authorities, including a competition authority. That safeguard is in place. If any future Government decided not to adequately resource the CCPC, it would be going against the EU. The provision the Deputy is proposing to delete is a standard enough provision for statutory bodies, such as the CCPC. The 2003...

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

Robert Troy: -----for the CCPC. As I outlined in my opening contribution, it is more to protect the independence of where it is coming from. I accept and share the Deputy's concerns regarding some future government because this Government has proved in the past number of years that we have been resourcing the CCPC and the CEA in recognition of their increased powers and additional responsibilities. If...

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

Robert Troy: I move amendment No. 165: In page 107, to delete lines 36 and 37 and substitute the following: “(a) by the substitution of the following subsection for subsection (1): “(1) For the purpose of— (a) obtaining any information which may be required in relation to a matter under investigation under the Act of 2002 or Article 101 or 102 of the Treaty on the Functioning...

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

Robert Troy: I move amendment No. 166: In page 109, to delete lines 14 to 18 and substitute the following: “(c) in subsection (3)— (i) by the substitution of “Subject to subsection (3A), if a judge” for “If a judge”, and (ii) by the substitution of “an offence under the Act of 2002, or an infringement, whether or not the infringement is criminal in...

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

Robert Troy: I move amendment No. 167: In page 109, to delete line 38 and substitute the following: “requirement. (4) A person who— (a) provides the Commission or delegate, as the case may be, with information that the person knows, or ought reasonably to know, is false or misleading in a material respect, or (b) fails, without reasonable cause, to provide information pursuant to a...

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

Robert Troy: I move amendment No. 168: In page 113, to delete lines 7 to 13 and substitute the following: “(k) in section 14— (i) by the substitution of the following subsection for subsection (1): “(1) Evidence obtained as a result of surveillance carried out under an authorisation or under an approval granted in accordance with section 7 or 8— (a ) may be admitted...

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

Robert Troy: I am.

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

Robert Troy: I am moving amendment No. 168, which relates to surveillance. I was clarifying a part of the Bill that is not included but that we spoke to at an earlier point in the drafting.

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