The Gazette 1992

MARCH 1992

GAZETTE

competition rules are intended to be instrumental in attaining the objectives laid down in the EEC Treaty. Gerard Hogan, barrister, who has written the foreword and contributed a paper to the New Competition Legislation has stated that the Competition Act, 1991 probably represents the single biggest experiment in the area of public economic regulation of business which Ireland has undertaken. Accordingly, the timely arrival of The New Competition Legislation, published by the Irish Centre for European Law, is to be welcomed. The book represents a collection of the papers of a day-long conference held at THnity College, Dublin, on May 11, 1991. Gerard Hogan, barrister, in a perceptive and comprehensive paper writes on the Competition Act, 1991. "The Function of Competition and Its Impact on Business in Ireland" is the title of Dr. Patrick Lyons's paper. Dr. Lyons is chairman of the Competition Authority and formerly chairman of the Fair Dade Commission. Dr. Lyons concludes his paper by expressing his confidence that business and its legal advisers will ensure an adequate, but hopefully not excessive, flow of notifications for certificates and licences. Donald L Holley's paper covers the implementation of competition legislation in the light of EC and US experiences. John D Cooke, Senior Counsel, deals with the important issues of the virtual introduction into Irish law by the Competition Act, 1991 of the corpus of EC jurisprudence relating to competition law. Alex Schuster, barrister, deals with the legal effects of the dual system of enforcement - involving both the EC Commission and the national courts, which he argues will help secure effective competition in the Community. The UK experience is dealt with by Professor Richard Whish, the well known authority on competition law. The choice of remedies and the form of action is dealt with by Peter Shanley, Senior Counsel. Brian Cregan, Director of Competition

Policy, Confederation of Irish Industry, provides insights into the legislation from the business perspective. The submission of the Company and Commercial Law Committe of the Law Society is included in the book. The Committee's detailed comments on the legislation will be of assistance to practitioners. The Competition Act, 1991, together with an Explanatory Memorandum, and the relevant Articles of the EEC TVeaty on competition are repro- duced. The formal regulation of business combinations in the United States dates from the Sherman Antitrust Act of 1890. The broad language of the Sherman Act raised problems of interpretation and, for some time, left businessmen and government officials uncertain as to which commercial practices were prohibited. The Competition Act, 1991 (partly based on the Sherman Act) will cause practitioners difficulties of interpretation. The New Competition Legislation, published by the Irish Centre for European Law, will assist those who must apply the Competition Act 1991. This book should be warmly welcomed. Eamonn G. Hall • Parliamentary Committee The Law Society's Parliamentary Committee has been reconvened under the chairmanship of Mr. Patrick Glynn, solicitor, and it is meeting monthly. The Committee's main function is to monitor draft legislation and to make representations, where appropriate, on proposed measures which affect the profession or the administration of justice. The Committee would welcome submissions from members on Bills before the Oireachtas. Correspondence should be addressed to:- Margaret Byrne, Secretary to the Parliamentary Committee, Law Society, Blackhall Place, Dublin 7. •

discussed. Significant Circuit Court decisions are also considered. Every Act of the Oireachtas for the year is outlined and, where relevant, detailed discussion is provided. The writer of this notice submits that one role of the teacher in the Law School is to provide a critical evaluation of the law. Practitioners of the old school regarded the judgments of the Bench in awe as if they were written in tablets of stone; those of the old school never questioned an authority. It is not in any sense disrespectful for a lawyer to reason in public that a judgment is patently flawed. In a limited sense, it is a function of the law teacher to challenge (within the bounds of propriety, of course) the decision of the law-giver and the law-maker. In a representative democracy, a democratic opposition is essential. The judges, are in part, the rulers; the law teacher represents part of a legitimate opposition who is in a unique position to evaluate critically the law. One should take care not to forget one's Kipling: " I keep six honest serving-men (They taught me all I knew); Their names are What and Why and When and How and Where and Who." Raymond Byrne and William Binchy exercise a critical judgement on appropriate cases on the Annual Review. This is welcome. The Annual Review is a matchless and unequalled thesaurus. For the experienced practitioner and scholar, it is an invaluable reference source. Eamonn G. Hall The New Competition Legislation Edited by Jantien Findlater, Irish Centre for European Law Ltd., 1991, 135pp, £20.00 (£16.00 to ICEL members), paperback. The European Commission regards undistorted competition as a prerequisite for the proper functioning of the common market. The Court of Justice in the Continental Can case [1973] ECR 215 remarked that the EC

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