Brendan Ryan (Dublin Fingal, Labour)
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28. To ask the Minister for Jobs, Enterprise and Innovation her views on whether there is inertia in the Competition and Consumer Protection Commission with regard to in-depth investigations into price fixing cartels and bid rigging; her further views on whether there is a lack of prosecutions for offences under the Competition Act 2002; and if she will make a statement on the matter. [33013/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Competition and Consumer Protection Commission (CCPC) is the statutory independent body responsible for the enforcement of domestic and EU competition and consumer law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions, including carrying out investigations of alleged anti-competitive practices. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, I, as Minister for Jobs, Enterprise and Innovation, have no direct function in these matters.

However, the CCPC has advised that it is currently conducting 5 investigations into alleged anti-competitive practices. Two of these relate to alleged price fixing/bid-rigging activities. In addition, a case that the CCPC has sent to the Director of Public Prosecutions is scheduled to come up for trial in April 2017. Ultimately, it is a matter for the Courts to determine if criminal sanctions are warranted in any specific case.

During 2015, the CCPC received 74 allegations of competition law breaches (both civil and criminal) and opened two large scale investigations in respect of anti-competitive agreements, one of which involved searches at five premises in the bagged cement sector. This is in addition to the opening of a cartel investigation into allegations of a criminal breach of competition law in the aviation sector and the closing of two additional investigations.

I understand from the CCPC that, in addition to a bid rigging cartel case that is currently before the courts, in 2016 the CCPC has already conducted 21 searches of companies suspected of bid-rigging. This investigation is ongoing. In addition the CCPC routinely screens complaints alleging cartel activity and, where there is sufficient evidence, progresses these to investigation stage. While those with evidence can approach the CCPC confidentially, in order for a criminal case to proceed, those with information must be prepared to give evidence in court.

It is important to note that the CCPC investigates other infringements of competition law, not just hard-core cartel activities, which also may restrict competition.

If the Deputy is aware of any alleged anti-competitive behaviour that is being practised (be it price-fixing or bid-rigging), I would urge him to forward details to the CCPC for their attention.