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- DescriptionCompetition is recognised as a key driver of growth and invation. 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 ecomy, 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 invation in a market ecomy. 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.
- Author BiographyDavid McFadden is Legal Adviser and solicitor to the Irish Competition Authority and has published extensively on competition law and other regulatory issues in Ireland.
- Author(s)David McFadden
- PublisherBloomsbury Publishing PLC
- Date of Publication19/04/2013
- SubjectNational Law: Professional
- Series TitleHart Studies in Competition Law
- Place of PublicationOxford
- Country of PublicationUnited Kingdom
- First Published2013
- ImprintHart Publishing
- Weight724 g
- Width171 mm
- Height244 mm
- Spine20 mm
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