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GAZETTE
SEPTEMBER 1981
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
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.
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