McNutt, Patrick A. (1993) The 1991 Irish Competition Act: Lessons from US anti-trust. Irish Business and Administrative Research, 14 (2): 8. pp. 84-91. ISSN 0332-1118
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Abstract
The 1991 Irish Competition Act may have profound effects on how business is conducted in Ireland. Two of the most important sections of the act are Section 4, which prohibits anti-competitive behavior, and Section 5, which deals with the abuse of a dominant position in the marketplace. The economic implications of both sections are addressed by examining how similar legislation has been interpreted by the courts in other jurisdictions, by US anti-trust laws in particular. The principles underpinning the act reflect those of EC competition policy, enshrined in Articles 85 and 86 of the Treaty of Rome and of US antitrust laws, namely, the Sherman and Clayton Acts. They are explicitly designed to control the abuses of monopoly power and in so doing protect competition. While the Irish Competition Act understands the need for competition policy, it appears on a first reading to have adopted a Chicagoan approach that tends to misunderstand the real world conduct of firms. Under the guise of a general law, the act may inadvertantly further the interests of a limited group rather than the general welfare. In so doing, it proffers an apology for rent-seeking behavior.
| Item Type: | Article |
|---|---|
| Keywords: | 1991 Competition Act; US anti-trust; |
| Academic Unit: | Faculty of Social Sciences > School of Business |
| Item ID: | 21805 |
| Depositing User: | IAM School of Business |
| Date Deposited: | 18 Aug 2026 13:47 |
| Journal or Publication Title: | Irish Business and Administrative Research |
| Publisher: | Irish Academy of Management |
| Refereed: | Yes |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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