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Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: It does apply to electronic documents held outside the jurisdiction. I will come back to the Deputy with regard to cloud computing. Given the significant developments in the area of technology and computing the current 14 day deadline for returning copies of documents required under the Competition Act is increasingly difficult to meet. The proposal to extend it to 35 days will be very...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: I move amendment No. 6: In page 6, line 38, to delete "section 4 or 5" and substitute "section 4 or 5 of that Act". This is a technical drafting amendment to section 7 which is a stand-alone section of the Bill. The amendment correctly cross-references sections 4 and 5 as being sections 4 and 5 of the Competition Act 2002 rather than sections 4 and 5 of this Bill.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: I move amendment No. 7: In page 7, to delete lines 22 to 24 and substitute the following: "(3) The Competition Acts 2002 to 2010 and this Act (other than section 8) may be cited together as the Competition Acts 2002 to 2012 and shall be construed together as one Act.". This is also a technical amendment concerning the collective citation of the various Competition Acts and section 8 is not...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: I thank Deputies who spoke on the Bill for their very useful contribution to the debate. I welcome the broad support from all Deputies for the contents of the Bill. I remind Deputies that the focus of the Bill is to strengthen the enforcement of competition law by providing a more effective deterrent through an improved sanctions regime which is very important for competition. A number of...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: Competition is of critical importance and passing the Bill is very important. I thank Deputies Calleary, Mattie McGrath, Tóibín and Luke 'Ming' Flanagan for their support.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: I sympathise with Deputy Willie O'Dea on the death of his mother. I refer to his amendments Nos. 1 and 2, and provisions relating to a court order regarding the abuse of a dominant position. The Bill provides that the court may require the undertaking to discount the abuse or to adopt measures to stop it being in a dominant position or to secure an adjustment of that position. Such measures...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: On the issue of resources it is very much a case of achieving value for money. Having been Chair of the Committee of Public Accounts I am aware that funding has been analysed in every Department. Current resources are allocated very accurately from the point of view of getting value for money. Equally, the authority is working closely within the current terms set out for it.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: The Bill is about fair competition and setting the tone for the Competition Authority, which is an independent body that oversees the marketplace and ensures there is fair competition. Equally, of its nature business is competitive, but it is the role of the Competition Authority to identify the dominance of one business resulting in the closure of another. It is important to state that the...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: The advice from the Attorney General is clear. She has indicated that such fines are not provided for in Irish law.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: That is the advice we have received. The Competition Authority has indicated that it would like to include such a measure in its overall approach to Government but that is the advice we have received. Deputy Calleary, as a former Minister of State, is aware that one must take the advice of the Attorney General.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: The breach of competition law is a criminal offence. Since 2002, a total of 33 criminal convictions have been secured.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: We are in our first year of Government-----

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: We are including a stronger measure than is proposed by Deputy O'Dea in the amendment. It will have a greater effect.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: It is important to investigate anti-competitive practices in the cement sector. The Competition Authority is a statutorily independent body.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: It is important to state that the Competition Authority is the statutorily independent body for enforcing competition law. It is not the Government that sets the price of cement.

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: I assure the Deputy that the Competition Act 2002 provides that the authority is independent in the performance of its function. Under the Act it is responsible for investigating breaches of the Act. Investigation and enforcement matters are part of the authority's day-to-day business. Neither I nor the Minister, Deputy Bruton, has a direct function in the matter. It would be...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: The tax code is not the same as competition law. Irish criminal offences are as stringent as laws in the EU. On the whole issue of the competition law, as Deputy Mattie McGrath said, the merger of the National Consumer Agency, NCA, and the Competition Authority, will be included in legislation for which will be brought forward this year. Even the Competition Authority accepts that civil...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: We are doing something. The Competition Authority has spoken with local authorities about the procurement contracts worth €15 billion in total and opening up the market to small companies to compete for contracts worth less than €25,000. Local authorities are in discussions with small companies. It is a question of survival. Despite all of the pessimism, it is not all doom and gloom...

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: There is significant competition in every trade from Ballina to Dublin. The Deputy knows this only too well. For example, there is astronomical below cost selling and dumping of stock. People buying in the marketplace might not assume there is competition, but-----

Competition (Amendment) Bill 2011: Report Stage (8 Feb 2012)

John Perry: Study the marketplace. I am meeting business people across the country. The economy has become more competitive and there is extraordinary value. Very few people will pay over the odds for any product.

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