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GAZETTE
SEPTEMBER 1981
An enquiry held by the Commission under this Act
would be deemed to be an enquiry under Section 5 of the
Restrictive Practices Act 1972. After the Commission
has reported, the Minister may, if he thinks that the
exigencies of the common good so warrant, after
consultation with any other Minister of the Government
appearing to him to be concerned, he may be either:—
(a) Prohibit the continuance of die monopoly
except on conditions specified in the Order, or,
(b) Require the division, in a manner and within a
period specified in the Order, of the monopoly
by the sale of assets or otherwise so specified.
If the Minister makes an Order of this kind, he shall
state his reasons for doing so.
Further the Minister does make an Order under this
Section, it will not have effect until it is confirmed by an
Act of the Oireachtas and after that it will have the force
of Law.
One difficult question is what "goods or services of a
particular kind" means. For example a whiskey
producing Company might have 60% of the whiskey
market but this might only represent 3% of the total sale
of alcoholic drinks. Is such a manufacturer therefore to be
considered as having monopoly (of sales of whiskey) or
merely have a very small share of a large market (i.e. the
drinks market). There is no immediate answer as to which
argument is right.
Even if the Minister holds an enquiry and finds there is
a monopoly as such, he may well take the view that it is
the kind of monopoly that does not restrict competition
and therefore may not make any Order. •
SAINT LUKE'S
CANCER
RESEARCH FUND
Gifts or legacies to assit this fund are most
gratefully received by the Secretary, Esther
Byrne, at Oakland, Highfield Road, Rathgar,
Dublin 6. Telephone 976491.
This fund does not employ canvassers or
collectors and is not associated with any other
body in fundraising.
Farm partnerships
— a joint project
T
HE work of a tripartite body representing the Law
Society, Macra na Feirme and the Agricultural
Credit Corporation culminated in November with a
symposium on Farm Family Partnerships, and the
launching of a book of the same title.
Wide practical experience — agricultural and legal —
was represented on the Committee, of which the
chairman was William D. McEvoy, solicitor,
Enniscorthy. Other solicitors who served on the
committee were Jeremiah Healy, Fermoy; Denis Hipwell,
Wicklow;
Dermot
Jones,
Agricultural
Credit
Corporation; Rory McEntee, Trim, Co. Meath; and
William A. Osborne, Naas, Co. Kildare, a Past President
of the Society.
James Cleary, Farm Partnerships Advisor, edited the
publication which is reviewed elsewhere in this edition of
the
Gazette.
By launching the book at a symposium in the Society's
premises, a forum for discussion was provided for
members of the farming community, reinforcing the
relationship established by the previous symposium held
at Blackhall Place, on "The Farmer and the Law". This
was the subject of comment by Dermot Jones, solicitor,
ACC, the organisation funding the project, who
emphasised the role played by the Law Society and the
ACC in the publication of the book as representing a
further development of the close liaison between these
bodies, particularly in relation to matters involving the
furtherance and deeper understanding of agricultural law.
The comments of the majority of the 230 attendees as
they left the hall, can be summed up in the remark: "It
was interesting and worthwhile."
MARRIAGE COUNSELLING —
can we help?
Catholic Marriage Advisory Council.
Contact:
THE SECRETARY, C.M.A.C.
35 Harcourt Street, Dublin 2,
Telephone No. 780866
or consult the Telephone Directory
tor your local centre.
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