Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 368: To ask the Minister for Enterprise, Trade and Employment the number of prosecutions initiated by the Competition Authority for breaches of the Competition Act 1991 and 2002 for each year since 1996; the number of convictions secured; and if he will make a statement on the matter. [30283/05]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 369: To ask the Minister for Enterprise, Trade and Employment the number of civil cases initiated by the Competition Authority in the High Court since 1996 concerning breaches of the Competition Acts 1991 and 2002; the number of such proceedings that were withdrawn, settled or otherwise compromised; the number of such proceedings that went to a full hearing before the High Court; the number of proceedings that have yet to be heard by the High Court; and if he will make a statement on the matter. [30284/05]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 370: To ask the Minister for Enterprise, Trade and Employment the number of civil or criminal cases that the Competition Authority has initiated under section 4 of the Competition Acts since 1996; and if he will make a statement on the matter. [30285/05]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 371: To ask the Minister for Enterprise, Trade and Employment the number of civil or criminal cases taken by the Competition Authority since 1996 under section 5 of the Competition Acts for an alleged breach of a dominant position; and if he will make a statement on the matter. [30286/05]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 372: To ask the Minister for Enterprise, Trade and Employment the number of complaints the Competition Authority has received for alleged breaches of the Competition Acts for each year since 1996; the number of complaints that have gone on to be investigated by the authority; the number of complaints that have resulted in the initiation of legal proceedings by the authority in respect of alleged breaches or the conclusion of agreements between the authority and parties; and if he will make a statement on the matter. [30287/05]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 374: To ask the Minister for Enterprise, Trade and Employment the number of investigations which have been carried out in respect of complaints received by the Competition Authority for breaches of the Competition Acts for each of the years from 1996 to date; the average length of time between the receipt of the complaint by the authority and the conclusion of its investigation or the determination of legal proceedings; and if he will make a statement on the matter. [30289/05]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 368 to 372, inclusive, and 374 together.

The Competition Authority is an independent statutory body which was established under the Competition Act 1991 and continued under the Competition Act 2002. I have no role in relation to the day-to-day activities of the authority regarding the way in which it discharges its statutory functions nor do I have any detailed information regarding every case of competition law enforcement in which the authority becomes involved. I am aware, however, that the authority is currently involved in significant legal proceedings regarding alleged breaches of competition law but it would be inappropriate for me to comment further on any such current matter.

The authority has also advised me that while it would try to facilitate anyone with requests for statistical data, information in relation to its enforcement activities has been provided routinely since 1991 in its annual reports.

The authority is required by the Competition Act 2002 to report to the Oireachtas in a number of ways. For example, section 42 of the Act requires it to publish an annual report by the end of February each year detailing its activities in the previous year and, prior to publication, the authority is required to have laid a copy of its annual report before each House of the Oireachtas.

Section 38 of the Act sets out the functions and accountability of the chairperson which can require him to give evidence before the Committee of Public Accounts and any other committee of the Oireachtas whose business relates to examination of competition policy.

The chairperson appeared before the Committee of Public Accounts in July 2004 and has given evidence to the Oireachtas Joint Committee on Enterprise and Small Business on a number of occasions, most recently in September 2005. The records of all of these meetings are freely available.

The authority assures me that it would be more than happy to provide Deputies with any further assistance required in this matter. However, I draw attention to the authority's 2004 annual report in which it stated that the vast majority of complaints made to it do not reveal a breach of competition law or are resolved at an early stage without the need for legal action.

I also point out that because of the complexities involved in the enforcement of competition law, proceedings often prove lengthy.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 373: To ask the Minister for Enterprise, Trade and Employment the redress that exists for a person who makes a complaint to the Competition Authority in a case in which the authority decides not to investigate the complaint; if an administrative appeal exists against the authority's decision; and if he will make a statement on the matter. [30288/05]

Micheál Martin (Cork South Central, Fianna Fail)
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There is no administrative appeal against a decision of the authority not to investigate a complaint. However, the Competition Act 2002 provides for a right of private action to any person for breaches of competition law.

The authority acknowledges that complaints are a vital part of its campaign to stamp out anti-competitive behaviour in Ireland and it has published, both on its website and in its annual report, details on how to make a complaint and what type of information it requires to progress a complaint.

Complaints made to the authority are subject to a screening system, details of which were published in the authority's 2003 annual report. This screening system essentially involves three stages.

All complaints received are examined within one week of receipt to determine the validity or otherwise of the complaint, thereby disposing of those that do not involve a competition issue or offence, and referring on to an evaluation stage those that require further scrutiny.

Evaluation involves additional work to decide whether to progress to an investigation. This may involve background research, taking formal statements from complainants and-or third parties and examining the legal parameters of the case. The object of this part of the exercise is to identify cases suitable for investigation and to close off others in the interest of efficiency of resources, etc.

Complaints considered appropriate for investigation then proceed, subject to adequate resources being available, etc.

At all stages of the process complainants are advised as to the status of their complaint.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 375: To ask the Minister for Enterprise, Trade and Employment the professional backgrounds of the members of the Competition Authority; and if he will make a statement on the matter. [30290/05]

Micheál Martin (Cork South Central, Fianna Fail)
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There are currently three members of the Competition Authority. Details about their professional backgrounds are posted on the authority's website at www.tca.ie.

Mr. Declan Purcell was appointed to the Competition Authority in April 1998. He previously worked in the Department of Enterprise, Trade and Employment in a wide range of management positions, including industrial policy development, human resource development and company law.

Mr. Paul Gorecki was appointed in June 2000. He is an economist by profession having been awarded his BSc. (Econ.) at the University of London in 1969, followed by an M.A. in Economics at Queen's University, Ontario, in 1971, and a Ph.D. at the London School of Economics in 1974.

Mr. Edward Henneberry was appointed a member of the Competition Authority in September 2003. He is a lawyer by profession. Prior to joining the authority, he was a senior partner in Howrey, Simon, Arnold and White's anti-trust practice group, based in Washington, D.C. The focus of his practice was anti-trust litigation, mergers and government investigations.

A new member has been appointed and will take up his position in February 2006. He is Mr. Stanley Wong, currently a partner and head of the competition law practice in Canadian law firm Davis & Company. He is qualified as an economist and a lawyer.