Written answers
Thursday, 12 July 2018
Department of Jobs, Enterprise and Innovation
Competition and Consumer Protection Commission
Billy Kelleher (Cork North Central, Fianna Fail)
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315. To ask the Minister for Jobs, Enterprise and Innovation the number of investigative cases commenced for suspected anti-competitive conduct that does not fall within the definition of a cartel; the number of inspections carried out; the number of prosecutions made; the number of fines issued, the amount in euro of fines issued; the number of collected and uncollected fines; the average fine per case in which fines were issued; and the average length of anti-competitive investigations to date in each year since the Competition and Consumer Protection Commission was established in tabular form. [32124/18]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The information sought by the Deputy is set out in the table below: this refers to the investigations undertaken by the Competition and Consumer Protection Commission (CCPC) in the period from 31 October 2014 to 10 July 2018.
Number of investigative cases commenced: | Ten investigations launched; a total of 129 files screened* |
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The number of inspections carried out: | Five |
The number of prosecutions made: | Seven investigations closed with commitments and undertakings being given. |
The number of cases which concluded with fines issued: | 0 |
The amount in Euro of fines issued: | N/A** |
The number of collected and uncollected fines: | N/A ** |
The average fine per case: | N/A ** |
The average length of anti-competitive investigations to date. | 12 - 36 Months |
* Since January 2016, when the CCPC receives a complaint in relation to potential anti-competitive behaviour it is examined through a screening process before a decision can be made as to whether there is sufficient evidence to open an investigation.
** The CCPC cannot make administrative decisions or determinations concerning breaches of competition law. Only the courts can issue decisions confirming if a particular practice constitutes a breach of competition law.
Billy Kelleher (Cork North Central, Fianna Fail)
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316. To ask the Minister for Jobs, Enterprise and Innovation the number of investigative cases commenced for suspected anti-competitive conduct which falls within the definition of a cartel; the number of inspections carried out; the number of prosecutions and cartel decisions made; the number of cases which concluded with fines issued; the amount in euro of fines issued; the number of collected and uncollected fines; the average fine per cartel; and the average length of cartel investigations to date in each year since the Competition and Consumer Protection Commission was established in tabular form. [32125/18]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The information sought by the Deputy is set out in the table below: this refers to the investigations undertaken by the Competition and Consumer Protection Commission (CCPC) in the period from 31 October 2014 to 10 July 2018.
Number of investigative cases commenced (cartel) | Three investigations launched: a total of 48 files screened* |
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The number of searches carried out | Twenty-five |
The number of prosecutions and cartel decisions made | Two (company and individual) |
The number of cases which concluded with fines issued | One resulting in two prosecutions and two convictions |
The amount in Euro of fines issued | €55,000** |
The number of collected and uncollected fines | As above |
The average fine per cartel | N/A |
The average length of cartel investigations to date in each year | 18 – 36 months |
* When the CCPC receives a complaint in relation to potential anti-competitive behaviour it is examined through a screening process before a decision can be made as to whether there is sufficient evidence to open an investigation.
** The CCPC’s role is to investigate alleged cartels and if sufficient evidence of a cartel is obtained, the CCPC submits a file to the Director of Public Prosecutions with the recommendation that the parties be prosecuted on indictment.
Billy Kelleher (Cork North Central, Fianna Fail)
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317. To ask the Minister for Jobs, Enterprise and Innovation the progress to date by the Competition and Consumer Protection Commission regarding a screening programme for procurement processes which systematically searches for indications that bid-rigging may have occurred. [32127/18]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for the enforcement of competition and consumer law in the State. Section 9(5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations of suspected breaches of competition law. As investigations and enforcement matters are part of the day-to-day operational work of the CCPC, I, as Minister for Business, Enterprise and Innovation have no direct function in the matter and it would be inappropriate for me to comment.
I understand that the CCPC continues to work with various State agencies and organisations to develop awareness of the warning signs of bid-rigging and to explore the potential for developing screening tools in the procurement process. I am also informed that the CCPC has continued to research screening initiatives elsewhere and plans to host an initiative to provide relevant agencies and organisations in Ireland with information from various international agencies who have experiences of utilising the informational advantage of the public sector to detect and deter bid rigging in public tendering.
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