Book Reviews
The Irish Competition Act 1991 brought in new competition rules modelled closely on the EC Treaty. The Act was modified in 1996 to allow for prosecutions, fines and even imprisonment for anti-competitive behaviour. This book is the most recent work on Irish competition law and one of the few which examines not only the effects of the 1996 modifications, but also the proposals by the European Commission to reform the EC rules.
The author has presented a compact yet comprehensive guide to the subject. The book starts with a useful overview of competition theory before outlining the Irish framework and EC rules. The presentation of the EC rules emphasizes decisions of the ECJ or European Commission with an Irish dimension, as well as EC law before Irish courts.
This material takes up approximately half of the book. After this, there is a further chapter illustrating how the Irish courts and Competition Authority have applied the Competition Act (the author notes some hesitation in interpreting the Irish legislation in the light of EC precedents, although few important differences have emerged).
Next, the author isolates a number of themes (merger control, vertical restraints, pricing and intellectual property) and compares the Irish and EC law in turn. The treatment of mergers is quite lengthy, while in other areas the author concentrates on the main topics. This parallel presentation is especially useful for those who already know the EC rules and are only interested in knowing how a given contract or merger might be viewed in Ireland.
The book is most useful to students or practitioners in Ireland who want a single volume guide to both Irish and EC competition law (much like Whish and Suffrin’s work in the UK). The treatment of economic theory and EC law do not attempt to cover the topics exhaustively, but the text gives indications for further reading.
Like any text dealing with EC law, it may require updating if the Commission’s proposals are adopted. A future edition might usefully correct some errors in the table of cases (McEllistrim was not an Irish case and not reported in 1991; Avonmore and Leanort are counted twice and Sibra three times under different spellings). The table of EC treaty articles, although it reflects the new numbering after the Amsterdam Treaty, is in no apparent order. These are regrettable flaws in an otherwise useful and welcome book.