Written answers

Wednesday, 20 June 2012

Department of Enterprise, Trade and Innovation

Competition Authority

9:00 pm

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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Question 77: To ask the Minister for Jobs, Enterprise and Innovation the total number of investigations, prosecutions and convictions, and the total number of custodial sentences imposed on businesses and persons found to be in breach of the Competition Act 2002 for each of the years 2002 to 2011 inclusive; and if he will make a statement on the matter. [30067/12]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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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 alleged breaches 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.

Details of the undertakings who were held by the Courts to have breached competition law together with relevant offences and penalties are contained in the Annual Reports of the Competition Authority. These Reports have been laid before each House of the Oireachtas and are also available on the Authority's website www.tca.ie. These Reports also contain information on the number of complaints received by the Authority in the year.

I am aware that 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 twenty five fines were imposed between 2006 and 2012 under the Competition Act 1991, as amended, ranging from €1,500 to €35,000 and totalling €293,500. 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. 32 fines in total were imposed for competition law offences, including aiding and abetting offences.

The total number of jail terms imposed on persons for breaching the Competition Act 2002 was two of 15 months duration each. Both sentences were suspended for five years. In addition, since March 2006, six jail sentences ranging from three months to two years and totalling 51 months were imposed on individuals under the Competition Act 1991, as amended. All six 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. In total therefore 11 jail sentences, all suspended, were imposed.

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