Seán Fleming (Laois, Fianna Fail)
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236. To ask the Minister for Jobs, Enterprise and Innovation the number of court prosecutions initiated by the Competition and Consumer Protection Commission in each of the years 2014 to 2018; the result of each of these court cases; the number and values of fines issued in each year; the value of fines collected each year; the value of fines still outstanding in respect of these prosecutions; the arrangements in place to collect the outstanding fines; if she will provide an age analysis of these outstanding fines; and if she will make a statement on the matter. [15333/19]

Heather Humphreys (Cavan-Monaghan, 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 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.  As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, the Minister for Business, Enterprise and Innovation has no direct function in the matter.

The following table details the relevant information regarding the fines imposed on undertakings and individuals arising from cases investigated by the CCPC. It is important to note that, with the exception of Fixed Payment Notices, fines following a summary prosecution are imposed by the Courts and payments are made to the relevant District Court Office and not to the CCPC. Fines imposed in criminal proceedings are the responsibility of the courts. The CCPC itself collects Fixed Payment Notices from relevant traders.

- Criminal breaches of competition law - the CCPC’s role is to investigate alleged cartels and if sufficient evidence of a cartel is obtained, the CCPC role involves the submission of a file to the Director of Public Prosecutions (DPP) with a recommendation as to prosecution. It is the DPP that initiates the court prosecution and not the CCPC.

- Civil breaches of competition law - the objective of a non-criminal law investigation is to determine if there is sufficient evidence of a breach and to take appropriate actions. Civil breaches of competition law are enforced through the civil courts and have to be proven on a balance of probabilities. With respect to these breaches the most the CCPC can achieve through the Courts at present is to: (i) seek a declaration of an infringement; (ii) seek commitments from a business that they will cease the practice; and/or (iii) obtain an injunction against the business doing the same action again. Financial sanctions cannot be imposed.

- Consumer protection law - A criminal prosecution for a trader who has broken the law is the ultimate enforcement sanction available to the CCPC. The level of fines and penalties following a successful prosecution are set out in the various consumer protection statutes and are imposed by the courts. - Compensation orders - can be imposed instead of or in addition to fines. If the compensation order is not paid then the consumer may enter judgement in the court and is enforceable in the same manner as civil proceedings. The CCPC does not enforce the payment of compensation orders.

- Fixed Payment Notice - The Consumer Protection Act enables the CCPC to issue a fixed payment notice (FPNs) in respect of contraventions of primarily price display legislation. FPNs can also issue for breaches of law giving effect to the Consumer Rights Directive. This sanction may be used as an alternative to prosecution. The penalty is €300 and must be paid within 28 days. Failure to pay will result in prosecution.

- Note - the CCPC’s 2018 Consumer Protection List (which details all enforcement action under consumer protection law for the year) is currently being finalised and therefore not included in the excel spreadsheet.

CCPC Prosecutions