Written answers

Wednesday, 8 May 2019

Department of Jobs, Enterprise and Innovation

Competition and Consumer Protection Commission

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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577. 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 value 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. [19278/19]

Photo of Heather HumphreysHeather 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 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, I, as Minister for Business, Enterprise and Innovation, have no direct function in these matters.

The information sought by the Deputy in relation to civil investigative actions has been provided by the CCPC and is set out in the table below for the period 31October 2014 to 30 April 2019.

Number of investigative cases commenced:12

139 files screened*
The number of inspections carried out:Four
The number of prosecutions made:NA

Ten investigations closed with commitments
The number of cases which concluded with fines issued:NA
The amount in Euro of fines issued:NA
The number of collected and uncollected fines:NA
The average fine per case:NA
The average length of anti-competitive investigations to date.12 to 36 Months

*Please note this figure relates to the period January 2016 to 30 April 2019.

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.

The Irish Courts cannot impose fines on individuals or undertakings in civil proceedings for breaches of competition law. The most the CCPC can achieve by taking civil proceedings before the Courts is a declaration that the conduct is illegal and an injunction to prevent the company or individual from continuing such conduct.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

578. 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 value 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. [19279/19]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Competition and Consumer Protection Commission (CCPC) is the statutory 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, I, as Minister for Business, Enterprise and Innovation, have no direct function in the matter.

The information sought by the Deputy in relation to criminal investigative actions has been provided by the CCPC and is set out in the table below for the period 31October 2014 to 30 April 2019.

Number of investigative cases commenced (cartel)Four investigations launched

56 files screened
The number of searches carried outTwenty five
The number of prosecutions and cartel decisions madeTwo (company and individual) – Ireland’s first conviction for bid-rigging
The number of cases which concluded with fines issuedOne resulting in two prosecutions & two convictions
The amount in Euro of fines issued;€55,000*
The number of collected and uncollected finesAs above
The average fine per cartel;NA
The average length of cartel investigations to date in each year18 – 36 months

*The leniency of the original sentence and fines (€17,500) imposed in 2017 were appealed by the DPP and in June 2018 the Court of Appeal increased the fines imposed on the individual convicted.

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 when 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.

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