Results 11,741-11,760 of 12,886 for speaker:Paul Coghlan

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I move amendment No. 4: In page 5, between lines 27 and 28, to insert the following: "(5) Subject to subsection (6) a retailer, as defined in this Part, shall not (a) engage in predatory pricing for the purpose and intent of eliminating or reducing competition in the provision of trade in any grocery good in the State or any part of the State; (b) directly or indirectly impose unfair selling...

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I am glad the Minister is as opposed as we are to predatory pricing. I would hate to do anything that would dilute existing law or the power to act but I believed an express prohibition was necessary. I understood, perhaps wrongly, that the Minister was anxious for an express prohibition, which is why we tabled this amendment. We desire a level playing pitch. As I understand it the Minister...

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: There are very powerful players in the market with 20% to 27% market share and it is accepted that any one of them could, if it so wished, exercise such dominance as to create an uneven playing pitch. They would create an uneven playing pitch if they decided to sell bread or milk, for example, at half price in any particular place. Senator Leyden was worried about smaller stores, perhaps in...

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Of course.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Yes, or the Cathaoirleach declared it for me, and I said he was too kind. It is on the record. Senator Leyden is referring to my nominating body.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Of course I have.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I should also declare an interest in one of the major players, by way of being a landlord to one of its shops. It does not matter to me. I am quite independent-minded about all of these matters.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Once I pay the rent——

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: That is correct. I am nominated by the industry and commerce panel.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I am glad to hear that. Both shoulders are very well balanced.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I hope the Minister is right and that it is far stronger because we are not talking about the groceries order — that is out of the equation. As the Minister said, we share the same objective in that no one wants to see predatory pricing in operation or being, in any way, legal. That is the fear and obviously legal advisers differ on it. That is why I tabled this amendment. The Minister...

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I move amendment No. 5: In page 5, line 29, to delete "has" and substitute "is likely to have". This amendment seeks to ensure consistency in the application of the Competition Act so that all transgressions of the Act can be regarded as capable of civil or criminal prosecution as the case may be.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: With my macular oedema, I had not spotted the misspelling.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I did not type it.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: We will not quibble about it. I move amendment No. 6: In page 5, between lines 32 and 33, to insert the following: "(6) An undertaking that engages in an activity that is prohibited by this section shall be guilty of an offence in the same manner and with the same effect as if the undertaking had committed an offence under section 4 or section 5 of the Competition Act 2002.". This amendment...

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Amendment No. 8 seeks to allow small businesses access to the District Court to seek any orders necessary to restrain any breaches of section 15B which should be a more cost-effective and accessible means of securing relief for many small and medium enterprises.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: Would the Minister not regard it as preferable if a civil or criminal prosecution could be taken? One could have a choice ofweapons so to speak.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I move amendment No. 7: In page 5, line 49, after "the" to insert "District Court or in the". I have already outlined the reasoning behind this amendment, namely, to secure relief for small and medium-sized enterprises.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I understand the Minister's rationale. I tabled the amendment purely from the point of view of accessibility and cost effectiveness for small businesses.

Seanad: Competition (Amendment) Bill 2005: Committee and Remaining Stages. (14 Dec 2005)

Paul Coghlan: I take on board his point about High Court judges with specific expertise in dealing with competition law matters and so on. I have no problem with the Minister's reasoning on this matter but I was motivated from the point of view of small businesses in provincial and rural Ireland who would more readily have access to the District Court. There will be some time between us dealing with the...