Written answers
Tuesday, 4 October 2005
Department of Enterprise, Trade and Employment
Industrial Relations
9:00 pm
Arthur Morgan (Louth, Sinn Fein)
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Question 349: To ask the Minister for Enterprise, Trade and Employment if he will make a statement on the fact that competition law is being mischievously used to attack the rights of certain workers, in particular actors, musicians, film crews and freelance journalists to be collectively represented; if he will amend the Industrial Relations Acts in respect of the definition of an employee to rectify this unacceptable situation. [26740/05]
Tony Killeen (Clare, Fianna Fail)
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The aim of the Competition Act 2002 is to prohibit anti-competitive practices such as price-fixing and-or the abuse of a dominant position. The Act applies to all sectors of the economy in the State.
All entities covered by the Act must ensure that they do not infringe the prohibitions in the Act. The Act covers "undertakings" which are defined as "a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply, or distribution of goods or the provision of a service". This definition has been used in Irish competition law for some time and is supported by European case law. Accordingly, I have no plans to amend the Industrial Relations Acts in this regard.
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