Written answers

Wednesday, 4 July 2007

Department of Enterprise, Trade and Employment

Competition Authority

9:00 pm

Photo of Lucinda CreightonLucinda Creighton (Dublin South East, Fine Gael)
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Question 48: To ask the Minister for Enterprise, Trade and Employment his plans to enhance the powers of the Competition Authority; if he will grant powers to the authority similar to those in the UK; and if he will make a statement on the matter. [19018/07]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Competition Authority is the independent statutory agency responsible for the enforcement of competition law in the State. Its mandate and functions are set out in the Competition Act 2002, as amended.

The 2002 Act consolidated, reformed and modernised previous legislation relating to competition policy and merger control. In essence the Act:

increased the penalties for serious cartel activities, such as price fixing,

enhanced the independence of the Competition Authority, and

transferred responsibility for controlling mergers and acquisitions from the Minister to the Competition Authority with the exception of media mergers where the Minister for Enterprise, Trade and Employment retains a residual function.

The Act was the culmination of a root and branch review of all aspects of competition law in the State which was undertaken by the Competition and Mergers Review Group. The Review Group, which reported in 2000, comprised eminent lawyers, economists and representatives from right across the economic spectrum, including the Social Partners.

The Competition Act 2002 fully implemented many of the recommendations of the Review Group, and also anticipated developments at EU level. In particular it provided a framework for the application of Regulation 1 of 2003 in the State whereby the Authority was enabled to fully apply the European Community competition rules.

The 2002 Act became fully operational on 1 January 2003. Therefore, it is a recent statute and forms the basis for one of the most modern competition regimes in the world. Nonetheless, my Department recently commenced a review of the operation of the Act. The need to make changes to the powers and functions of the Competition Authority will be considered as part of this review.

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