Written answers
Tuesday, 15 November 2011
Department of Enterprise, Trade and Innovation
Competition Law
9:00 pm
Willie O'Dea (Limerick City, Fianna Fail)
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Question 248: To ask the Minister for Jobs, Enterprise and Innovation the maximum fine levied on a single business or person for breaching the Competition Act 2002; and if he will make a statement on the matter. [34658/11]
Willie O'Dea (Limerick City, Fianna Fail)
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Question 249: To ask the Minister for Jobs, Enterprise and Innovation the total number and amount of fines levied on businesses and persons for breaching the Competition Act 2002; and if he will make a statement on the matter. [34659/11]
Willie O'Dea (Limerick City, Fianna Fail)
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Question 250: To ask the Minister for Jobs, Enterprise and Innovation the total number of jail terms imposed on businesses and persons for breaching the Competition Act 2002; the total length of time actually served; and if he will make a statement on the matter. [34660/11]
Richard Bruton (Dublin North Central, Fine Gael)
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I propose to take Questions Nos. 248 to 250, inclusive, together.
The Competition Act 2002 provides for fines of up to €4 million or 10% of the turnover of an undertaking, whichever is the greater, for certain breaches of the Act. The 2002 Act also provides for jail sentences of up to five years for individuals convicted on indictment for a breach of the Act.
The highest fine imposed on an individual under the Competition Act 2002 is €80,000. That fine was not paid and the individual was subsequently sentenced to 28 days imprisonment for default.
The total number of fines imposed on individuals and businesses under the Competition Act 2002 is four, ranging from €50,000 to €80,000 and totalling €260,000.
In addition, since March 2006, 25 fines were imposed under the Competition Act 1991, as amended, ranging from €1,500 to €35,000 and totalling €263,500. Under the Criminal Law Act 1997, three fines totalling €75,000 were imposed on individuals for aiding and abetting breaches of the Competition Acts, also since March 2006.
The total number of jail terms imposed on persons for breaching the Competition Act 2002 was two, each of 15 months duration. Both sentences were suspended for five years.
In addition, since March 2006, five jail sentences ranging from three months to nine months and totalling 27 months were imposed on individuals under the Competition Act 1991, as amended. All five of the sentences were suspended. A further three jail sentences ranging from six months to fifteen months and totalling 33 months were imposed under the Criminal Law Act 1997 since March 2006 for aiding and abetting breaches of the Competition Acts. All three of these sentences were suspended.
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