Paul Coghlan (Fine Gael)

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 prices; or

(c) impose any quota in respect of goods offered for sale at any retail outlet owned or operated by that retailer.

For the purposes of this subsection, "predatory pricing" or "unfair selling prices" constitutes the sale by a grocery good undertaking at a retail price and in a manner that is likely to have the effect of eliminating or reducing competition from a particular competitor in the State or any part of the State, but does not include grocery goods that have been offered for sale in good faith for a substantial period of time.".

This amendment is intended to introduce an express prohibition on predatory pricing when carried out as a unilateral action by a non-dominant undertaking. The provision borrows on an equivalent measure in the Canadian competition legislation and also prohibits the imposition of unfair prices or quotas on price promotions. It is one of our most serious concerns and, while we accept the Minister's intention, we do not want any blatantly anti-competitive practices and without dealing with predatory pricing we will not succeed.