Written answers

Tuesday, 19 November 2019

Department of Jobs, Enterprise and Innovation

Competition and Consumer Protection Commission

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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291. 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 to the end of quarter 3 2019 on an annual basis since the Competition and Consumer Protection Commission was established; 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 issue; and the average length of anti-competitive investigations to date in tabular form. [47154/19]

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 investigation 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 in the link below for the period 31October 2014 to 30 September 2019.

">CCPC Data

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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292. To ask the Minister for Jobs, Enterprise and Innovation the number of investigative cases commenced for suspected anti-competitive conduct which does fall within the definition of a cartel to the end of quarter 3 2019 on an annual basis since the Competition and Consumer Protection Commission, CCPC, was established in tabular form; 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; and the average fine per cartel and average length of cartel investigation to date. [47155/19]

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 attached table for the period 31October 2014 to 30 September 2019.

Criminal Investigative Actions 31 October 2014 - 30 September 2019

2015 2016 2017 2018 2019
Number of investigative cases commenced (cartel)
Investigations launched 1 2 1 1 0
Files screened* NA 24 14 10 13
The number of searches carried out 5 20 1 1 0
The number of prosecutions and cartel decisions made ** 0 0 1 resulting in 2 prosecutions 0 0
The number of cases which concluded with fines issued 0 0 1 resulting in 2 fines 0 0
The amount in Euro of fines issued 0 0 €55,000*** 0 0
The number of collected and uncollected fines 0 0 As above 0 0
The average fine per cartel NA NA NA NA NA
The average length of cartel investigations to date in each year NA 9 months 11.5 months 7 months 9 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 cannot make decisions or determinations concerning a breach of competition law. 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.

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

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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293. To ask the Minister for Jobs, Enterprise and Innovation the progress to date by the Competition and Consumer Protection Commission, CCPC, regarding insurance inquiries such as price-signalling concerns and personal contract plans used to finance motor purchases. [47156/19]

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 statutory functions. As investigation and enforcement matters 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.

I understand that the CCPC’s investigation concerning suspected breaches of competition law in the motor insurance sector is on-going. This investigation is examining whether insurers, brokers and industry associations engaged in anti-competitive price signalling and information sharing by openly signalling upcoming increases in motor insurance premiums in the State. The CCPC recently confirmed in the Joint Oireachtas Committee on Business, Enterprise and Innovation (01/10/19) that it is a large investigation and that it has examined considerable information and potential lines of enquiry. The CCPC has obtained approximately 1.4 million emails and documents from parties under investigation and held 55 witness summons hearings.

In relation to personal contract plans (PCP), the CCPC conducted a study of the market and published its report in March 2018. This report included a number of recommendations for policy makers to consider for greater consumer protection in the sector. The CCPC continues to raise awareness and provide information to consumers on this topic, most recently conducting a public awareness campaign in May 2019. My colleague, the Minister for Finance, has recently published the Consumer Protection Regulation of Retail Credit Firms Bill, which will extend the jurisdiction of the Central Bank to cover hire purchase agreements, including PCP, and a wider definition of consumer credit.

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