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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. 36: In page 56, line 11, to delete “decision” and substitute “determination”.This amendment substitutes the word "determination" for "decision" and is designed to ensure consistency of language with the language used in other media merger provisions.

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

Richard Bruton: I move amendment No. 37 : In page 56, line 19, to delete “the European Commission” and substitute “that notified the European Commission”.This a technical clarification 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. 38: In page 57, lines 5 and 6, to delete “Council Regulation (EC) No. 139/20043on 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. 39: In page 59, lines 19 and 20, to delete “Council Regulation (EC) No. 139/20044on 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. 40: In page 63, lines 12 and 13, to delete “Council Regulation (EC) No. 139/20045on 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. 41: In page 68, lines 8 and 9, to delete “Council Regulation (EC) No. 139/20046on 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. 42: In page 70, line 43, to delete “was” and substitute “were”.This is a grammatical 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. 43: In page 73, line 13, to delete “ ‘significant interests ’” and substitute “significant interests”.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 believe the Deputy has a point here and again I would suggest revisiting this with a view to an amendment on Report Stage to ensure greater accessibility of the draft guidelines for members of the public, following consultation with the Office of the Parliamentary Counsel.

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

Richard Bruton: It will apply to all groceries.

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

Richard Bruton: Yes; it would apply to them as providers of groceries. They would be at the other side of the trade.

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

Richard Bruton: This provision with regard to groceries has a long history in the House. There was a commitment in the programme for Government in relation to grocery goods. There was public consultation on grocery goods. The approach that needs to be taken in respect of this is that one allows bodies to submit their views and that these views get a proper airing. That has happened in respect of the...

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

Richard Bruton: I am not. I have no principled objection but, as I have said, I would need to see a substantial case made. The Oireachtas has been worrying away at this issue for a very long period and that is why it made its way to the programme for Government. I do not have a closed mind. I think one must always be open in this area and look at how markets are working.

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

Richard Bruton: I will deal with the last point Deputy Calleary made. I am considering some further refinements to the definitions and provisions of Part 6. I will revert on Report Stage. I will consult on the possibility of making a statutory instrument giving the Minister flexibility. There may be the view in the Office of the Parliamentary Counsel that it would be straying beyond what should properly...

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

Richard Bruton: There is no doubt about what we are trying to do. The origin of this is the unfair practices that were seen to be arising. The sorts of things that are deemed to have gone on are set out in the regulations. Suppliers were over a barrel and had to agree to unreasonable terms. We are seeking to deal with those practices in the grocery sector, where they were seen as a problem. As the...

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

Richard Bruton: It will probably take place in June.

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

Richard Bruton: The first thing I will do is assess the extent to which these practices are a problem in the sector. Then I will evaluate the impact they are having on the sector and the suppliers. As I have said, this issue did not arise during the lengthy process of consultation that took place. As the Deputy knows, some contentious matters have had to be dealt with to get to where we are. I do not...

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

Richard Bruton: I move amendment No. 46: In page 80, line 16, to delete "supply or distribution" and substitute "supply, distribution or retail".This amendment provides for the extension of the definition of "grocery goods undertaking" specifically to cover retail undertakings as well as those involved in the production, supply and distribution of grocery goods. This will provide more legal clarity when...

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

Richard Bruton: The Deputies are proposing that the turnover threshold specified in the Bill for qualifying relevant grocery goods undertakings should be reduced from €50 million to €10 million annually. The current threshold has been carefully chosen for several good reasons. I will allude to the main considerations in this regard. First, I am anxious to ensure these provisions are not...

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

Richard Bruton: I do not have that information to hand. Generally speaking, throughout all sectors there are approximately 180,000 small and medium sized enterprises and approximately 4,000 large companies. I suspect that a move to include much smaller companies as well as the large ones would dramatically widen the purview of the legislation. It would widen the chain dramatically. The purpose of this...

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