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

Robert Troy: I thank the Chair and members of the committee for facilitating Committee Stage today, as well as for facilitating the time change. I thank all members for their support for the Bill at pre-legislative scrutiny and on Second Stage in the Dáil. As members are all aware, this Bill is long, and it is complex legislation. The purpose of the Bill is to give effect to Directive 2019/1 of...

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

Robert Troy: I move amendment No. 1: In page 7, line 33, to delete “Act of 2014” and substitute “Act of 2002 or the Act of 2014, as the case may be”. This amendment relates to the definition of the breach of a procedural requirement. Authorised officers of ComReg have the powers to affix a seal on documents or premises as part of an investigation into potential breaches of...

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

Robert Troy: I move amendment No. 2: In page 8, line 2, to delete “39(3)(c) or”. Amendments Nos. 2 and 3 are to delete references to section 39(3) of the Communications Regulation Act 2002. Section 35 of the Bill clarifies that the existing section 39(3) of the Communications Regulation Act 2002, covering the powers of authorised officers of ComReg, does not apply to the competition...

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

Robert Troy: I move amendment No. 3: In page 8, line 7, to delete “section 39(3) or”. Amendment agreed to.

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

Robert Troy: I move amendment No. 4: In page 8, after line 36, to insert the following: “ ‘commercially sensitive information’ means information the disclosure of which could reasonably be expected to— (a) substantially and materially prejudice or harm the commercial, financial or industrial interests of the undertaking or person to which it relates, (b) substantially...

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

Robert Troy: I move amendment No. 5: In page 9, lines 5 and 6, to delete “a competent authority” and substitute “an adjudication officer”. The amendments 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...

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

Robert Troy: I move amendment No. 6: In page 12, line 9, to delete “competing”. This is another straightforward technical amendment. It is being tabled because undertakings do not always need to be competing with each other to operate as part of a cartel.

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

Robert Troy: I move amendment No. 7: In page 15, between lines 4 and 5, to insert the following: “Repeal of sections 13 and 14B of Principal Act 12. Sections 13 and 14B of the Principal Act are repealed.”. This amendment repeals sections 13 and 14B of the principal Act. Section 13 of the Competition Act 2002 lays down rules on the admissibility of evidence. New rules on the...

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

Robert Troy: I move amendment No. 8: In page 15, to delete lines 13 to 26. Some concern was expressed by stakeholders that the procedures involved section 15G(2) on the conduct of certain investigations was overly complex and put a large administrative burden on authorised officers submitting written reports on an investigation. Section 15L outlines the detailed information and material that is...

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

Robert Troy: I move amendment No. 9: In page 15, line 27, to delete “(3)” and substitute “(2)”.

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

Robert Troy: I move amendment No. 10: In page 16, to delete lines 3 to 6.

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...

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