Mary White (Fianna Fail)

I move amendment No. 1:

In page 5, lines 7 to 17, to delete all words from and including "may," in line 7 down to and including "specified."," in line 17 and substitute the following:

"may—

(a) order one or all of the following—

(i) that the undertaking shall discontinue the abuse, or

(ii) that the undertaking shall adopt such measures for the purpose of securing an adjustment of that dominant position,

as may be specified in the order (including measures consisting of the sale of assets of the undertaking) within such period as may be so specified, or

(b) in civil proceedings, impose a liability on that undertaking for a fine not exceeding a class A fine.",".

As it stands, the Competition Authority has no remedy available to it other than declaratory relief and injustice relief.

There is no provision in the 2002 Act for civil fines and penalties for breach of competition law, the advantage of the civil route being that the burden of proof is lower than that required in criminal law, and the problem of juries in criminal trials trying to get their heads around the complexities and nuances of competition law is removed. The Bill has no provisions for civil fines or pecuniary penalties. Section 14A of the principal Act provides for the same reliefs in the form of other declaratory relief or inductive relief.