The Gazette 1981

GAZETTE

SEPTEMBER 1981

through the Examiner. It is important to note that no specific event necessarily triggers ofT an enquiry. A number of Companies may well have a turnover of more than 1.5 million pounds and may supply more than 50% of goods of a particular kind in the State. The Minister has no obligation to hold an enquiry into the workings of any such Company, but is entitled to do so at any time. Likewise a Company may be below one or other of the criteria but because of expansion gradually exceed the criteria in both cases. Again the fact that such a Company exceeds both criteria does not mean that there will be an enquiry but at any time thereafter the Minister may request the Commission to hold an enquiry. Where the Examiner is of the opinion that a monopoly exists or where the Commission has held and enquiry, the Commission then states whether in its opinion:— (a) A monopoly exists. (b) If it does, if it prevents or restricts competition or endangers continuity of supplies or services or restrains traders or the provision of any service, or is likely to do any of these things. (2) If it causes any interference or likely interference with competition, the provision of services or the continuity of supplies or services or any restraint of trade or of it would be unfair or operates or would operate against the common good.

outside and in other cases the contrary, (xi) An Appeal to the High Court against the Minister's decision can only be made on a point of law. 2. Monopolies:— While the Sections in the above Act dealing with the monopolies are mixed in with Sections dealing with mergers and acquisitions, the actual position regarding monopolies, as set out in the Act, is quite different to the situation regarding mergers. The relevant part of a definition of a monopoly in the Act is as follows: "An enterprise or two or more enterprises under common control, which supply or provide or to which is supplied or provided, not less than one half of the goods or services of a particular kind supplied or provided in the State in a particular year, according to the most recent information available on an annual basis." Sub-Section 2(2) states that the Act shall apply to a monopoly where in the most recent financial year the monopoly's sales or purchase of the goods or services concerned exceed 1.5 million pounds. If the joint turnover does not exceed that figure then the Minister may at any time, if he is of the opinion that an enquiry should be made into an apparent monopoly, request the Restrictive Prices Commission to hold an enquiry. The Commission, in effect, works largely

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