Replacing the competition tribunal with a proper court does not bode well as it may result in delays in the imposition of fines on those breaching the law, the Consumer Association has warned.

The competition tribunal was weakened when, in May 2016, the court of appeal confirmed that certain provisions of the existing Competition Act were unconstitutional. The case had been instituted by the Federation of Real Estate Agents in response to a €1.2 million fine imposed on it by the tribunal.

In its decision, the court ruled that the Director-general for competition could not decide cases over alleged breach of rules and impose fines because only a proper court could guarantee a fair hearing.

We are not happy if it is the courts that will impose fines

Consequently, the tribunal refrained from imposing fines pending the necessary legislative changes to bring the law in line with the Constitution.

Nearly two years later, no amendments have yet been presented by the government. However, last month the Justice Ministry promised the proposed changes would be published in the coming weeks.

The Consumer Association noted that the issue had been further compounded by another court challenge, in which it is being claimed that the competition office can neither decide cases nor impose fines.

While stressing that something had to be done, a spokesman for the association said that leaving such cases to the courts could pose fresh problems.

“We are not happy if it is the courts that will impose fines, as this would be a slow and endless process.”