Written answers

Thursday, 19 June 2008

Department of Enterprise, Trade and Employment

Proposed Legislation

5:00 pm

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 46: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if his attention has been drawn to the continued problems experienced by persons involved in the film industry, particularly actors and screenwriters, due to the interpretation of the Competition Act 2002 which precludes their union negotiating on their behalf; if she has plans to pursue reform of this legislation; and if she will make a statement on the matter. [17678/08]

Photo of Mary CoughlanMary Coughlan (Donegal South West, Fianna Fail)
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Section 4 of the Competition Act 2002 prohibits anti-competitive practices, such as price fixing, 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. Section 4 mirrors Article 81 of the Treaty establishing the European Community.

The Competition Authority, the independent statutory body responsible for enforcing competition law, found in 2004 that self-employed persons are "undertakings" for the purposes of the 2002 Act, and as such collectively bargained agreements concluded by representative bodies on behalf of such persons are prohibited agreements under section 4.

The Competition Act does not prohibit negotiations between an employer and a representative organisation when such a body is representing employees.

As the Deputy is aware, a review of the operation and implementation of the Competition Act 2002 is currently underway and in the course of that review, the issues raised in the Deputy's question and legal advice obtained from the Office of the Attorney General are being examined.

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