Written answers

Thursday, 28 February 2008

Department of Enterprise, Trade and Employment

Competition Authority

5:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 120: To ask the Minister for Enterprise, Trade and Employment if he will request the Competition Authority to make a declaration under section 4(3) of the Competition Act 2002 in order to allow for negotiations between the Health Service Executive and undertakings such as pharmacists and general practitioners for whom the HSE is a monopoly customer; and if he will make a statement on the matter. [8632/08]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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While any decision to issue a declaration is entirely a matter for the Competition Authority, it is open to any party to make a case to the Competition Authority why a particular category of agreements, decisions or concerted practices meets the various conditions specified in Section 4(5) of the Competition Act and to request the Authority to make a Declaration under Section 4(3) of the Act.

It is up to the party making such a case to provide the Authority with the necessary evidence that four conditions are satisfied.

It must improve the production or distribution of goods or promote technical or economic progress;

Consumers must receive a fair share of the resulting benefit

It must only contain restrictions which are indispensable to the attainment of the agreement's objectives; and,

It cannot lead to the elimination of competition in respect of a substantial part of the products in question.

In my opinion the negotiating parties, if they consider it appropriate, are best placed to make the case.

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