Seanad debates

Wednesday, 25 April 2012

Competition (Amendment) Bill 2011: Committee Stage

 

1:00 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)

The definition of "undertaking" in the Bill includes a person, an individual, a body corporate or an unincorporated body of persons engaged for gain in the production or supply or distribution of goods or the provision of a service. If any one of those entities acts in an anti-competitive manner, the Competition Authority has to pursue them under this legislation. While I appreciate Senator Barrett's point, the advice I have is that no one can avoid the rigours of the law should the Competition Authority believe they should pursue them legally for anti-competitive trading. Departments are not expressly included in the Bill because they are not undertakings as such. Notwithstanding that fact, if a portion of their activity is deemed to be an undertaking, they then are the subject of the law.

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