Micheál Martin (Cork South Central, Fianna Fail)

We dealt with this issue on Second Stage. The language used in section 15B(5), as drafted, is consistent with and replicates language used in section 4 of the Competition Act 2000. If this was amended, as suggested by the Senator, in respect of the new provisions, it would introduce inconsistency into the Competition Act. It is considered that it would also, at a minimum, introduce confusion and legal uncertainty as to why the conduct specified in this Bill should be subject to a different test than the type of practices covered by section 4 of the Competition Act.

Furthermore, section 4 of the Competition Act is modelled on Article 81 of the European Union treaty. In fact, the wording in the current draft of the Bill also mirrors the text of Article 81. The amendment would, therefore, also be inconsistent with the competition rules as set out in the European Union treaty. I am not in a position to accept the amendment.