More powers urged for Competition Authority

Competition: Fine Gael is to table a motion in the Dáil this week calling on Minister for Enterprise Michael Martin to review…

Competition:Fine Gael is to table a motion in the Dáil this week calling on Minister for Enterprise Michael Martin to review the Competition Act 2002 to give more powers to a better-funded National Competition Authority.

The Fine Gael spokesman for enterprise Phil Hogan told the conference that the Competition Authority should have its annual budget increased from €5 million to €10 million.

He also called for the introduction of specific time-frames for investigations into anti-competitive practices.

He said the authority should be obliged to complete different stages of investigations within time limits rather than the current open-ended provisions.

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He noted that the Office of Fair Trading in the UK promised a response within 30 working days at the latest.

Mr Hogan also suggested that the Competition Authority should be given the power to impose fines on individuals and businesses in breach of the Competition Act without the necessity of a court hearing.

"At the moment the authority may only apply to the High Court for the imposition of fines it cannot impose.

"That deprives the authority of an essential tool in competition enforcement - one which is available to competition agencies elsewhere in the EU."

He also suggested that the Competition Authority be allowed to follow the example of the European Commission which had the power to issue "commitment decisions" which were legally binding and accepted by an infringer without the need to go to court.

Fine Gael would also seek to have company directors referred to the Director of Corporate Enforcement for possible disqualification or restriction under the Companies Act in cases where a company was found to have breached competition legislation.

Mr Hogan also proposed that specific bodies or offices such as the Director of Consumer Affairs, IFSRA, the Insurance Ombudsman, the Financial Service Ombudsman and the Consumers' Association of Ireland be allowed make "super-complaints".

Upon receipt of such a super-complaint of any market practice contrary to the best interest of consumers, the Competition Authority should be legally obliged to report within 120 days, outlining possible responses including legislative intervention.

Mr Hogan also wants the authority to be able to call the Government to account about its licensing regime, for everything from pharmacies to buses, which can often involve the State perpetuating anti-competitive practices.

Barry Roche

Barry Roche

Barry Roche is Southern Correspondent of The Irish Times