Emmet Stagg (Kildare North, Labour)
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Question 119: To ask the Minister for Enterprise, Trade and Employment his view on the decision of the Competition Authority to interpret the Competition Act 2002 as prohibiting self-employed persons from having a trade union negotiate employment terms and conditions for them. [18226/06]

Micheál Martin (Cork South Central, Fianna Fail)
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As I have previously explained in this House, one of the aims of the Competition Act 2002 is to prohibit anti-competitive practices by "undertakings". An "undertaking" is defined in the Act 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 in use in Irish competition law for some time and is supported by EU case law. While the Competition Authority accepts that it is perfectly legal for a trade union to represent employees in collective bargaining with their respective employers, it determined in this case, that the actors in question were self-employed contractors and not employees. The view expressed by the Authority in its investigation, however, was in respect of the case in question only and the parties to the investigation did not appear to take issue with the Authority's view since they entered into undertakings in settlement of the case, thereby avoiding the necessity of going to Court. I understand, however, that the Competition Authority has recently met with representatives of ICTU and Irish Actors' Equity SIPTU in relation to this issue and that the Authority has invited Equity and/or ICTU to make a written submission in the matter.