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fighting back against government?

  • 12-04-2012 12:33am
    #1
    Registered Users Posts: 69 ✭✭


    Hi,

    are there any lawyers here? Or maybe those who know a bit about INTERNATIONAL laws? Or way to get around international way...

    Anyways.. Here i go..

    Company 'A' is me. Company 'B' is company owned by gorvernment.
    'A' and 'B' provides same services. Except that 'B' does it in a 's*itty' way :)

    So government comes up with a law, that tells company 'A' to provide the same service only with... a price that is a 2,5 times higher!! than the company 'B' does..

    so in other words if company 'B' sells service for 1 Euro. i have to sell same for ATLEAST 2,5 euro. In other words, im legally not allowed to win any public sales (for example government cotracts or any contracts at all by tender etc.) even statistics show now, that 100% tenders are won by company 'B' .. huh.. no wonder.

    So with this kind of f*** up law, which is leading ALL A's into bankruptcy, just to save the 'almost bankrupt' company B owned by government .. WHAT CAN I DO!? If i can anything at all?

    This happens not in Ireland but in a European Union state. So as far as i see, there is some way to go around this on a European level.. At least i hope so.. If anyone knows such a way, could they advice, share some experiences in simmilar situations etc?

    Thanks :rolleyes:


Comments

  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    bycikas wrote: »
    So government comes up with a law, that tells company 'A' to provide the same service only with... a price that is a 2,5 times higher!! than the company 'B' does..
    Whats their excuse to make you raise your price. They can't do it just because that would be anticompetitive and in breach of EU law.


  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    It could be a competition law issue. You could speak to a solicitor


  • Registered Users Posts: 69 ✭✭bycikas


    The government just introduced the law, and declared a 'reserve' price. which is 2,5 times higher than the minimum (lowest price service) of the same. And actually that service is over 70% of the business.
    Only in the beginning of this year, statistically over 5 million where lost in tenders , cause noone could win against the 'B' cause it's law.

    When it comes to competition. One company tried to contact ''competition commission' which in turn said that they DO NOT SEE any problems, that the company 'B' offers extremely low service price, and other had to offer the 2.5 times higher price as a minimum..

    Well no wonder company 'B' is government operated.

    But as far as i see as a EU member state, EU directives are over the local laws? Arent they? :confused:

    so there are no other examples how to deal with it? cause it's actually only on EU level that could be solved, as locally nobody succeeded.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Perhaps you could tell us what industry this is so we could discuss the issue with more relevance. i can think of a number of services or products that this might apply to for different reasons.

    In any case I suggest you contact a good solicitor and discuss your options in taking this to an EU level.


  • Registered Users Posts: 69 ✭✭bycikas


    It is post and courier services.

    Well i talked with person who is law-educated, he said that this could be done/resolved with constitutional court, however there is no chance to get that far, that is the reason why this law is still there. cause no one succeeded in this. (edit: no one succeeded to go that far. It is usual practice when going against government, i'd say)


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