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GAZETTE
MARCH 1992
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
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. •
77