Richard Bruton (Dublin North Central, Fine Gael)
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Question 94: To ask the Tánaiste and Minister for Enterprise, Trade and Employment the circumstances in which the Government can consult with or negotiate with representatives of professional organisations on the price of services to be funded by the State and the constraints which EU competition law places on such negotiations. [37755/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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Section 4 of the Competition Act 2002 prohibits and makes void all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State. This reflects the provisions of EC Treaty Article 81 which contains a similar prohibition in relation to agreements, decisions and concerted practices which may affect trade between Member States.

In general there is nothing to prevent the State, as a purchaser of services, from consulting with representatives of professional organisations in relation to the fees for those services. The key requirement in all cases is that the State must have the final say in setting the price it will pay for the services concerned. Ultimately, it is a matter for the courts, both domestic and EU, to interpret legislation and to decide, on the compatibility of any particular set of circumstances with competition law.