Richard Bruton (Dublin North Central, Fine Gael)
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Question 158: To ask the Minister for Enterprise, Trade and Employment if he is satisfied with the explanation offered by the Competition Authority as to the reason it failed to investigate a takeover (details supplied); the share of the petrol market held by the companies prior to the takeover; if he or officials in his Department were aware of the proposed takeover and entered into any form of communication with the Competition Authority; and if he will make a statement on the matter. [37115/06]

Micheál Martin (Cork South Central, Fianna Fail)
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Under the merger provisions of the Competition Act, 2002, proposed mergers require regulatory clearance from the Competition Authority. I have no role in this process, other than in the case of media mergers. Accordingly, neither I nor officials in my Department were required to be notified of the proposed merger. Our knowledge of the proposed merger was properly limited to information that was in the public domain. Information relating to the share of the petrol market held by the companies prior to the takeover is commercially sensitive information and it would not be appropriate for me to request such information from the Authority.

Following the announcement from the Competition Authority that it had incorrectly calculated the legal deadline before which it was required to issue a determination under the mergers provisions of the Competition Act, officials in my Department entered into correspondence with the Authority's Chairperson, Mr William Prasikfa. I am satisfied with the explanation offered by the Chairperson. The Authority has informed my Department of the various reviews it has carried out on foot of the error and of the measures it has put in place to ensure such an error will not happen again.

The Authority Chairperson, appearing before the Joint Oireachtas Committee on Enterprise and Small Business on 25 October, has also offered a full explanation and apology to that Committee.