The Gazette 1994

GAZETTE

APRIL 1994

years of misuse, the word "anticipate"

has the same meaning as "expect".

One might mourn the loss of subtlety

but if the objective of writing is to

communicate with the reader then a

balance has to be found between .being

pedantic and the desire to be

understood.

So-called style books abound. (This

reviewer's favourites remain

The

Economist Pocket Style Book

and

Fowler's Modern English Usage.)

For

anyone who has to write, or edit, it is

helpful to have at hand a set of

guidelines on English usage as an aid

to achieving consistency and clarity

and it probably does not matter which

work is chosen provided it is adhered

to and consulted regularly. At £5.95,

the

Rathmines Style Book

is good

value and its tone is modern and user-

friendly, although one cannot help

remarking, albeit cynically, that its

influence on staff in the newspapers of

Ireland has not been total.

Barbara

Cahalane.

State Entrepreneurship,

National Monopolies and

European Community Law

Competition and Free Movement in

the Energy, Postal and

Telecommunications Markets in the

EEC

By J.H.V. Stuyck (ed.) and A.J.

Vossestein (ed.), Kluwer Law and

Taxation Publishers Deventer -

Boston, 1993,129pp $49.00 or

£33 Stg.

A form of control classically

exercised by Government in relation

in particular to the energy, postal and

telecommunication markets has been

the creation of a statutory monopoly

or some form of privilege. By the

reign of

Elizabeth

/, a monopoly

essentially embraced exclusive grants

of patents and franchises by the Queen

to her servants and courtiers. Such

exclusive grants resulted in the raising

of prices of necessary commodities.

The hardship caused by the high

prices in victuals and implements of

trade and commerce resulted in the

celebrated

Case of Monopolies

, 11 Co.

Rep. 84 (1602) which prohibited and

declared illegal exclusive grants or

franchises.

The monopolist not only caused a rise

in prices but also restrained trade and

manufacturing because of the

exclusive nature of his grant. The

element of exclusiveness by royal

sanction which, in effect, precluded a

person from pursuing a livelihood,

gave birth to the common law

principle that "prima facie trade must

be free". Your reviewer is not of

course suggesting that in Ireland the

statutory monopolies caused rises in

prices which were unjustified; regard

must be had to the concept of natural

monopolies and economies of scale

and scope.

This book is as a result of a seminar

which was held in December, 1992 in

Nijmegen, (the Netherlands) and was

organised by the Institute of European

Law of the Catholic University

Nijmegen. The objective of the

seminar was to present an overview of

the current state of development of the

Internal Market in some specific

sectors of the economy, in which

Member States traditionally have

intervened by granting (public)

undertakings exclusive or special

rights. Thus, special attention was

given to the gas, electricity,

telecommunications and postal

sectors. For this purpose various

experts of the European Commission,

the academic world, the bar and the

sectors concerned, expressed their

views on the specific topics.

There is an increasing need for

transparency in the relationship

between these undertakings and their

Member States. Transparency is

essential to ensure that Member States

do not distort competition by granting

their public undertakings any form of

aid, unless it is compatible with the

common market.

This book is a timely publication

which analyses the different problems

which arise by liberalising important

sectors of the economy. The book

considers questions of the

compatibility of national monopolies

with the fundamental Treaty

provisions on the free movement of

goods, the free provision of services,

the freedom of establishment and the

rules of competition, concepts of

"services of general economic

interest", "third party access", "cross

subsidisation" and the need for

transparency in the relationship

between Member States and their

public undertakings.

: This book is an important work of

reference for any lawyer involved in

the regulated sectors. The book is a

valued tool for the specialist. For

! those who have an interest in

European Law, the book provides an

• excellent way in which to familiarise

oneself with Articles 85, 86 and 90 of

the Treaty of Rome.

Dr. Eamonn G. Hall

Users of the 1994 Law Directory are

kindly asked to note the following

additional corrections.

On page 92 (Clare Register) please

note the qualifications of Wall,

Pamela, B.A. LL.B. Dip. Property Tax.

On page 155 (Dublin Register) please

note that in the entries for the firm

| Dillon and for Dillon, Brendan J,

the telephone number should read

2960666 and the fax number

2960982.

At page 179 (Dublin Register) please

note that the correct second telephone

number for the practice Hughes &

I Company, Damien, should read

6766763. On page 180 the entry for

Hughes, Damien J, should read

admitted in England and Wales

- 1983 and not 1993 as incorrectly

stated on the errata sheet

published with the March issue of

the

Gazette.

On page 554, please delete Carroll,

John, who was incorrectly listed as a

Commissioner for Oaths.

L a w D i r e c t o r y 1 9 9 4

- C o r r e c t i o ns

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