Irish Competition Law


Book Description

The second edition of this title explores Irish competition law in the light of the Competition Act 2002 which radically changed the law in this area. Focusing mainly on Irish competition law, it examines the institutional framework, cartels, abuse of dominance, the enforcement of competition law, the important EC dimension and the new mergers and acquisitions regime. Written by two respected experts and practitioners, Irish Competition Law, second edition, serves as a clear and concise guide to Irish competition law for students, legal practitioners, public officials, economists, company secretaries and business people.




Competition Law in Ireland


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Ireland covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Ireland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.




Modern Irish Competition Law


Book Description

Setting the Stage --Criminal Enforcement --Civil Enforcement --Merger Control.




The Private Enforcement of Competition Law in Ireland


Book Description

Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both Irish and Community law recognise the right for parties injured by anti-competitive conduct to sue for damages. This right to damages, in theory, allows those that have suffered loss to recover that loss whilst helping to deter others from taking the illegal route to commercial success. However private actions for damages in Ireland are rare. This book asks what the purpose of private competition litigation is and questions why there has been a dearth of this litigation in Ireland. The author makes a number of suggestions for reform of the law to enable and encourage private competition litigation. The author takes as his starting point the European Commission's initiative on damages actions for breach of the EC antitrust rules and compares the position in Ireland to that currently found in the UK and US.




Regulatory Law in Ireland


Book Description

The book sets out the features of economic regulation in Ireland in the following sectors: aviation, banking, broadcasting, communications including post, competition and energy. Separate chapters set out the legislative approach to economic regulation in each area and discuss the role of the main regulators: The Commission for Aviation Regulation; the Central Bank and Financial Services Regulatory Authority; the Broadcasting Commission of Ireland, the RTE Authority, the Broadcasting Complaints Commission and the new Broadcasting Authority of Ireland; the Commission for Communications Regulation, the Competition Authority and the Commission for Energy Regulation. Also included is an introduction to aspects of the economics of regulation and the legal context. There is a separate chapter on Judicial Review and Appeal Panels. In addition, a chapter dealing with some procedural issues in the enforcement of regulatory frameworks is included. This book is timely due to the emergence of a system of independent sectoral regulation in Ireland in the past decade following a policy shift towards liberalising markets. This is partly due to the impact of deeper European Common market integration and partly due to the desire of central government to promote more competition in the Irish economy. The regulation of the banking sector chapter is in particular timely given the recent turmoil in this particular sector. The regulation of broadcasting is also timely given the pending adoption of the Broadcasting Bill 2008 by year end which will fundamentally change the way the broadcasting sector is regulated. The Communications Act and the Competition Act were updated in 2007 and so it is timely to reflect on those changes and the impact they have had on the markets involved.







Media Law in Ireland


Book Description

From fake news to foreign affairs, the media continues to be one of the dominating forces of modern life. Now in its second edition, Media Law in Ireland provides a comprehensive overview of one of the most dynamic and rapidly changing areas of the law. The way in which people consume media has changed and developed immensely in recent years. New platforms, and new ways of creating and consuming content are revolutionising the way information is spread around the world. With each new platform comes a new set of challenges and complexities, as they break away from the traditional media model. Many of the cases developing in these areas have been high-profile, divisive, and controversial, from issues surrounding freedom of expression to the challenges of privacy in a digital age. This book will throw light on the formidable legal complexities involved in the new media in a clear and accessible manner. This new edition covers many of the developments in the area in the eight years since it was originally published. Among the developments covered are: the Digital Switchover, the adoption of the EU electronic communications reform package, and the Consumer and Competition Protection Act 2014. This book will be ideal for solicitors and barristers who practice in the area of media law, as well as postgraduate students, and media professionals.




Principles of Irish Contract Law


Book Description

Principles of Irish Contract Law emphasises the theory behind contract law, demystifying difficult concepts and providing a policy-driven introduction to this challenging subject.




Unfair Competition Law


Book Description

The book delineates, with extraordinary clarity and precision, the working of unfair competition law throughout the European Union. Its four comprehensive chapters encompass: basic considerations of definition, subject matter, enforcement, and applicable law: international provisions under the Paris convention, TRIPS, and WIPO model law; analysis of relevant EC directives and regulations and ECJ jurisprudence; and extensive discussions of the national unfair competition laws of all 25 Member States. For each Member State, specific topics covered include such considerations as the following: sources of law; competition law in a nutshell; regulation of advertising; direct marketing; sales promotion; risk of confusion; disparagement, defamation; misappropriation, imitation; impediment of competitors; and breach of the law. The author also provides a selected bibliography of sources for each country. It would be difficult to find a more useful analysis of European Unfair Competition Law than this systematic study. It is practical, thorough, clarifying, and readable, all at the same time. The author untangles the most complex of apparent contradictions with impressive skill. Copies of this book will quickly take their places on the working shelves of interested practitioners, academics, and officials throughout Europe.




Law of Charities in Ireland


Book Description

This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.