Seanad debates

Wednesday, 16 October 2002

Adjournment Matters. - Beef Industry.

 

To deal with anti-competitive activity one needs evidence which can be used in court, which is the final arbiter in deciding whether the Competition Act has been breached. There are two alternative ways in which action can be taken. Any evidence of price fixing should be passed to the Competition Authority and those with allegations to make should use the public enforcement system via the Competition Authority. Equally, section 14 of the Competition Act, 2002, provides that any person aggrieved in consequence of anti-competition activity has a right of action in the courts for relief by way of injunction or declaration and damages, including exemplary damages. One must first of all make an allegation which must be substantiated and in written form with documentary back-up. If the Competition Authority finds in one's favour, one can go to the courts for relief and as a result of the competitive distortion, the courts may award damages.

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