Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 210: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the Competition Authority by a leading economic consultancy (details supplied) for wasting resources and being inadequately prepared in relation to a recent prosecution by the Competition Authority which was dismissed in the Circuit Court in Mayo in July 2009; the steps she is taking to ensure that the Authority is both efficient and effective; the measures she is taking to address the criticisms levelled at the Authority; and if she will make a statement on the matter. [33836/09]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Competition Authority is the statutory body responsible for the enforcement of competition law in the State. Section 29 (3) of the Competition Act 2002 provides that the Competition Authority is independent in the performance of its functions. Under section 30 (1)(b) of that Act, the Competition Authority is responsible for investigating any breach of the Act. As investigations and enforcement matters generally are part of the day-to-day operational work of the Authority I have no direct function in the matter.

That being said, I understand that the case the Deputy refers to, is one which was heard in the Central Criminal Court sitting in Galway earlier this year. The case was prosecuted by the Director of Public Prosecutions following a referral of a file from the Authority. The Court decided, after hearing the prosecution case, that there was sufficient evidence presented in Court to warrant putting the evidence before the jury for it to consider and on which to reach a decision. The jury duly considered the evidence and acquitted the defendants on all charges.