Vincent Power, Jun 13, 2013
Occasionally, it is a good idea to take a moment to get off the treadmill and survey one’s surroundings. The invitation by Competition Policy International’s Antitrust Chronicle to reflect on Irish competition law and practice is one of those moments. So, after twenty two years of “modern” competition law in Ireland-since the Competition Act 1991 was enacted to revolutionize Irish competition law-it is useful to take time out and share some reflections that will hopefully be useful not only to those in Ireland but, perhaps more importantly, to those beyond Ireland who are reflecting on their own regimes.
In contrast to many jurisdictions worldwide, Ireland was early out of the blocks in terms of enacting “modern” competition laws. Since then, the country has punched well above its weight in terms of its influence on competition law and practice. It has attracted talent from all over the world. However, it has also fostered home-grown talent and helped them play an important role not only in the Irish Competition Authority but also in competition agencies worldwide. So, these observations should not be seen as criticism of individuals-who have, for the very most part, played stellar roles.
Instead, these reflections are a review of a system that is worthy of study but, like any system, is also capable of improvement. The Irish regime is worth studying because it has witnessed quite radical changes-it is worth recalling that in Ireland the very act of competing has, over a few decades, mutated from being a criminal act to a societal goal. For example, until 2006, it was a criminal offense to sell grocery items at below cost but now “competition” is seen as not only a public policy aim but a citizen’s right. (Query, whether there is now a “human right” to have a competitive and efficient market with the benefits which flow to citizens?)
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