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Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 17: In page 45, line 20, to delete “2009;”,” and substitute the following:“2009; ‘Council Regulation’ means Council Regulation (EC) No. 139/2004 of 20 January 20041 on the control of concentrations between undertakings;”,”.This amendment involves a grammatical change.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 18: In page 45, line 24, to delete “deleting the definition of “Commission”,” and substitute the following:“substituting the following definition for the definition of “Commission”:“ ‘Commission’ means the Competition and Consumer Protection Commission;”,”.This is a technical amendment.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 19: In page 45, line 26, to delete “and”.This is a technical amendment to delete the word "and". Amendments Nos. 19 and 20 have been grouped and refer to the definition of "undertaking" in section 3 of the Competition Act 2002. The definition is being revised to include, where the context so admits, an association of undertakings. This brings the...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 20: In page 45, line 30, to delete “2009;”.” and substitute the following:“2009;”,and(f) by substituting the following definition for the definition of “undertaking”:“ ‘undertaking’ means a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 21: In page 45, after line 33, to insert the following:“Amendment of section 14A of Act of 2002 48. Section 14A of the Act of 2002 is amended by inserting the following subsection after subsection (5):“(5A) (a) Where, in an action under subsection (1), the competent authority seeks relief by way of interlocutory injunction, the Court shall not, save in...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 22: In page 46, before line 1, to insert the following:“Amendment of section 14B of Act of 2002 49. Section 14B of the Act of 2002 is amended—(a) in subsection (1), by substituting the following paragraph for paragraph (a):“(a) following an investigation referred to in—(i) paragraph (c) of subsection (1) of section 8 of the Competition and...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 23: In page 47, lines 26 to 28, to delete from “3A.” in line 26 down to and including “section 26.”.” in line 28 and substitute the following:“3A.”.”.This is a drafting amendment to remove the superfluous provision intended to aid interpretation of the words "commitment" and "determination".

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 24: In page 47, between lines 30 and 31, to insert the following:"(a) by substituting the following subsections for subsection (1):"(1) Where⁠—(a) in relation to a proposed merger or acquisition, in the most recent financial year⁠—(i) the aggregate turnover in the State of the undertakings involved is not less than €50,000,000, and (ii)...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 25: In page 47, to delete line 37.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 26: In page 48, to delete line 5 and substitute the following:"subsection.",(e) in subsection (13), by substituting "the Council Regulation" for "Council Regulation (EEC) No. 4064/89 on the control of concentrations between undertakings", and (f) in subsection (14), by substituting "the Council Regulation" for "Council Regulation No. 4064/89".".

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 27: In page 48, line 20, to delete "unless" and substitute "and unless".This is a drafting amendment.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 28: In page 48, between lines 33 and 34, to insert the following:"Amendment of section 20 of Act of 2002 54.Section 20 of the Act of 2002 is amended⁠—(a) in subsection (2), by inserting "and an officer (where the undertaking is a body corporate), partner (where the undertaking is a partnership) or any individual in control (in the case of any other form of...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 29:In page 49, line 28, to delete "the requirement" and substitute "the first requirement".This is a drafting amendment to allow the competition and consumer protection commission to make more than one requirement of one or more undertakings concerned.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 30: In page 51, between lines 13 and 14, to insert the following: “Amendment of section 27 of Act of 2002 59. Subsection (1) of section 27 of the Act of 2002 is amended by substituting “(ii)” for “(iii)”.”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: Can I just say at the beginning of Part 4 that I will revert with some further refinements to definitions on the media merger provisions on Report Stage?

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I will start with the amendment itself. In considering plurality and diversity of content, our definition is taken in its entirety from the advisory group on media mergers report. The term "present" is more absolute than "prevalent" and would make the proper measure of diversity extremely complex. In the context of diversity, if everything that exists in the universe had to be considered,...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 32: In page 55, lines 35 and 36, to delete “Council Regulation (EC) No. 139/20041on the control of concentrations between undertakings” and substitute “the Council Regulation”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 33: In page 55, lines 37 and 38, to delete “Council Regulation (EC) No. 139/20041on the control of concentrations between undertakings” and substitute “the Council Regulation”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 34: In page 56, line 6, to delete “Council Regulation (EC) No. 139/20042” and substitute “the Council Regulation”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 35: In page 56, lines 9 and 10, to delete “Council Regulation (EC) No. 139/20042, on the control of concentrations between undertakings” and substitute “the Council Regulation”.

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