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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. 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...

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

Robert Troy: We are saying “12 working days” throughout because that is closest to 14 days, which brings it in line with constitutional law and also previous case law.

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

Robert Troy: I move amendment No. 31: In page 24, line 27, to delete “reached an agreement referred to in” and substitute “agreed a settlement in accordance with”.

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

Robert Troy: I move amendment No. 32: In page 24, line 33, 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. 33: In page 24, line 38, to delete “an opinion” and substitute “a provisional opinion”.

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

Robert Troy: I move amendment No. 34: In page 25, line 5, after “section” to insert “15X in accordance with section”.

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

Robert Troy: I move amendment No. 35: In page 25, line 34, to delete “ or 15Z(6)”.

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