Written answers

Tuesday, 22 November 2011

Department of Enterprise, Trade and Innovation

Competition Law

8:00 pm

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 224: To ask the Minister for Jobs, Enterprise and Innovation if he will ask the Competition Authority to undertake an investigation into the operation of the cement industry; and if he will make a statement on the matter. [35924/11]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The Competition Act 2002 provides that the Competition Authority, the statutory body responsible for enforcing competition law in the State, is independent in the performance of its functions. Under section 30(1)(b) of that Act, the Competition Authority is responsible for investigating breaches of the Act. Investigations and enforcement matters generally are part of the day-to-day operational work of the Authority. I have no direct function in such matters.

Comments

Irish Small Business Alliance
Posted on 23 Feb 2012 10:54 am (Report this comment)

Under section 30 (2) of the Competition Act 2002 Minister Bruton has the power to request the Competition Authority to carry out a �market study or analysis� of the cement industry.
The Competition Authority is not independent in that it relies on Minister Bruton under sections 39 and 43 of the Competition Act 2002 to fund it in order to carry out its statutory function. Minister Bruton has an obvious conflict of interest in that he is a former employee and current shareholder in CRH. It is no wonder he refuses to initiate an investigation. This is political capture at its worst.
Minister Bruton is also responsible for appointing Gerald FitzGerald as a member of the Competition Authority. Gerald FitzGerald is a former partner of McCann FitzGerald, the firm responsible for defending Readymix plc in cases of Competition Law infringements. How can someone be charged with regulating an industry when he comes from that industry himself?

Enhanced competition is better than any 'job scheme' the Government can offer. Anti-competitive practices are costing the economy billions of euros each year but yet Minister Bruton continues to protect the industry from which he came from!

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