Tommy Broughan (Dublin North East, Labour)
Link to this: Individually | In context

Question 272: To ask the Minister for Enterprise, Trade and Innovation if he will examine the dominant position of some companies in the Irish media industry, including cross-media dominance across newspapers, radio, television and the Internet; if he will commission a review of this phenomenon, leading to new legislation if necessary; and if he will make a statement on the matter. [9474/11]

Richard Bruton (Dublin North Central, Fine Gael)
Link to this: Individually | In context

Dominance, per se, in any sector of the economy is not an offence under competition law. However, the Competition Acts 2002-2010 prohibit the abuse of dominant positions in any sector of the economy. The Competition Authority is the independent statutory body responsible for enforcing competition law in the State and complaints of any alleged anti-competitive practice should be referred directly to it. It is, of course, open to any aggrieved party alleging anti-competitive practices, including abuse of a dominant position, to take a private action under Section 14 of the Competition Act 2002.

However, in relation to the specific issue of media mergers as opposed to dominance, the Advisory Group on Media Mergers was established in 2008 to review the current legislative framework regarding the public interest aspects of media mergers. The Group's report was published in 2009, and the eleven recommendations contained therein were considered in the context of a wider review of the operation and implementation of the Competition Act 2002. It is my intention to bring forward legislation during the course of 2011 to reform aspects of competition law, including implementation of the recommendations of the Advisory Group concerning media mergers.

I should point out that responsibility for the radio and TV sectors, as well as for digital broadcasting and communications in general, rests with my colleague the Minister for Communications, Energy and Natural Resources. Licensing for broadcasters, through the Broadcasting Authority of Ireland (BAI), is provided for under the Broadcasting Act, 2009. Ensuring open and pluralistic broadcasting services, as well as the promotion of diversity in control of the more influential commercial and community broadcasting services, are also statutory functions of the BAI under that Act.