Orla Lynskey

London School of Economics
Lecturer

Orla is a lecturer in law at the London School of Economics where she teaches on Digital Rights, Cyberlaw, IT law and Competition law courses. She completed a Ph.D. in European data protection law at the University of Cambridge. This doctoral research was supported by Cambridge European Trust, Modern Law Review and Becker law scholarships. Prior to this, she spent four years working in Belgium as an academic assistant at the College of Europe, a contract agent in the European Commission’s Competition Directorate and in law firms working on Competition and Antitrust issues. She has been called to the Bar of England and Wales and holds an LL.M. from the College of Europe (Bruges) and an LL.B. (Law and French) from Trinity College Dublin.

Articles

152827 Bulletin

Orla Lynskey An Irish jury acquits the directors of three waste disposal companies of breaching competition law by jointly tendering for the provision of local waste disposal services (DPP v. Hughes, Bourke, McGrath & Gleeson)

1297

The charges On 3 July 2009 the directors of three waste disposal companies and a former local government official, who were appearing before the Central Criminal Court sitting in Galway, were acquitted by a jury of charges of breach of competition law. The four directors concerned were charged (...)

Orla Lynskey The Irish Advisory group on media mergers renders its review of the analysis of media mergers under the Competition Act 2002 (Report to the Tánaiste and the Minister for Enterprise)

1555

In March 2008 the then Minister for Enterprise, Trade and Employment commissioned a report to review the public interest aspects of the legal framework applicable to media mergers in Ireland. This review was undertaken in the context of a broader review of the Competition Act 2002 (the 2002 (...)

Orla Lynskey The Irish Competition Authority issues enforcement decision regarding alleged anticompetitive actions by the body in charge of supplying drugs, medicines and medical appliances to the public (Health Services Executive)

1829

Introduction The Health Services Executive (HSE) is a body established pursuant to the Health Act 2004. According to section 7(1) of that Act, the purpose of the HSE is to “use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect (...)

Orla Lynskey The Irish High Court gives some indications as to the extent to which the judiciary may intervene in the NCA’s investigations (Competition Authority v. District Judge O’Donnell)

4139

High Court grants certiorari and quashes decision taken against the Competition Authority regarding the Authority’s conduct in an on-going cartel investigation Background It follows from Article 45(2) and (3) of the Irish Competition Act 2002 (the Act) that the Competition Authority (the NCA) (...)

Orla Lynskey Irish criminal competition sanctions: An overview

3790

Background The basic Irish domestic competition law provisions mirror Articles 81 and 82 of the EC treaty. Since the coming into force of Regulation 1/2003, the “modernisation regulation”, Articles 81 and 82 EC, as well as the domestic competition provisions which replicate them, are applied by (...)

Orla Lynskey The Irish Supreme Court refers a preliminary question to the ECJ on the validity of the rationalisation programme of a crisis cartel (Beef Industry Development Society - BIDS)

3014

Background to the dispute All key players in the Irish Beef Industry benefited from support in the form of intervention pricing, private storage aid and export refunds under the Common Agricultural Policy (CAP) following Ireland’s accession to the then EEC. Following the structural reform of (...)

Orla Lynskey The Irish High Court considers that the Medical Council is not an association of undertakings, therefore domestic and EC Competition law rules do not apply (Ramadan Hemat)

5952

The Irish Medical Council was established by legislative act in 1978 with, according to its website, a view to “protecting the interests of the public when dealing with registered practitioners”. In this regard, its principal duties are as follows; it guarantees the quality of both undergraduate (...)

Orla Lynskey The Irish Competition Authority clears a merger in the telecommunications sector subject to remedies, including adoption of an accounting strategy aimed at preventing risks of cross subsidisation (Eircom/Meteor)

5322

The mobile telecommunications market in Ireland has been consistently dominated by two key players, Eircom and Vodafone with Meteor, a third operator, featuring in a distant third position. However, despite Eircom’s overall superior position on the mobile telecommunications market, it lags (...)

Orla Lynskey The Irish National Competition Authority rejects an alleged abuse of dominance and recommends a revised approach to market access and service provision in the household waste collection service market (Greenstar Recycling)

2791

On the 30th of August, 2005 the Irish National Competition Authority (hereinafter “NCA”) delivered its findings following an investigation conducted pursuant to consumer allegations of abusive pricing practices in the field of household waste collection services and of a lack of competition in (...)

Orla Lynskey The Irish Competition Authority settles its action against the Irish medical professional association in return for commitments to refrain from anti-competitive practices (Irish Hospital Consultants Association-IHCA)

5473

The terms of a settlement agreement, reached between the Irish National Competition Authority (hereinafter “NCA”) and the Irish Hospital Consultants Association (henceforth “IHCA”), were published by the former in a press release issued on the 28th September, 2005. In February 2003, the NCA (...)

Orla Lynskey The Irish NCA assesses the prices and exclusive provisions of a major entertainment events tickets reseller on the basis of both national and EC competition laws (TicketMaster Ireland)

10204

The National Competition Authority has rejected allegations that TicketMaster (hereinafter “TicketMaster”) Ireland is abusing its dominant position through excessive pricing and that its exclusive contractual relations with certain promoters constitute infringements of Art 81 EC and its domestic (...)

Orla Lynskey The Irish Competition Authority calls for the repeal of the restrictive practices Order, contending that it facilitates retail price maintenance and hinders effective competition (Restrictive Practices - Groceries - Order)

5256

Section 30 of the Competition Act, 2002 mandates the Irish Competition Authority (hereinafter “NCA”) to advise government ministers on issues arising in the course of their functions which have an impact on competition. In light of this provision, the NCA responded to the Minster for Enterprise’s (...)

Orla Lynskey The Irish Competition Authority reaches a settlement on alcohol price-fixing practices with a professional association in High Court proceedings (Vintners Federation of Ireland)

2884

On May 11, 2005 the National Competition Authority (hereinafter NCA) settled a long-standing case against the Vintners Federation of Ireland (henceforth VFI) ,which has been pending before the High Court since it’s initiation in 1998, concerning alleged alcohol price-fixing by the trade (...)

Orla Lynskey The Irish Competition Authority agrees a settlement with a medical professional association in High Court proceedings on possible violation of Art. 81 EC (VHI DeCare/Irish Dental Association)

6761

Irish National Competition Authority, 28 April 2005, Irish Dental Association (Press relase) On April 28, 2005 the Irish High Court action initiated by the National Competition Authority (henceforth “NCA”) against the Irish Dental Association (hereinafter “IDA”) was settled. The NCA alleged that (...)

Orla Lynskey The Irish Supreme Court refuses to acknowledge the need for interlocutory relief in an abuse of dominance case, considering that an award of damages would constitute an appropriate remedy for the appellants (Meridian Communications and Cellular Three/Eircell)

3894

Irish High Court, 5 April 2001, Meridian Communication Limited and Cellular Three Telecommunications Limited, v. Eircell Limited ; [2002] 1 IR 17 Irish Supreme Court, 10 May 2001, Meridian Communication Limited and Cellular Three Telecommunications Limited, v. Eircell Limited ; [2001] IESC (...)

Orla Lynskey The Irish Supreme Court considers a pharmaceuticals distribution agreement to be in conformity with both domestic and EC competition law and rejects a claim in civil proceedings (Chanelle Veterinary/Pfizer)

3521

Irish High Court, 30 July 1997, Chanelle Veterinary Limited v. Pfizer (Ireland) Limited and Pfizer Animal Health Irish Supreme Court, 11 February 1999, Chanelle Veterinary Limited v. Pfizer (Ireland) Limited and Pfizer Animal Health [1999] 1 IR 365 Facts of the case The plaintiff, Chanelle (...)

Orla Lynskey An overview of the UK’s competition law regime

2892

Competition Act 1998 Enterprise Act 2002 Introduction Prior to the enactment of two key pieces of legislation, namely the Competition Act 1998 and the Enterprise Act 2002, the UK competition law regime was often criticised. Firstly, it was accused of being unnecessarily formalistic. Indeed, (...)

Orla Lynskey The Irish Supreme Court overturns the High Court’s definition of the term undertaking in order to include organisations whose primary objective goes beyond profit-making (Deane/Voluntary Health Insurance Board)

6218

Facts In the present case, the plaintiffs were trustees of a religious order and, in that capacity, owned a private hospital. They initiated a series of actions before the High Court, which were later joined, contesting, inter alia, the inclusion of their hospital in the defendant’s health (...)

Orla Lynskey The Irish High Court grants a permanent injunction against the plaintiff undertaking who fails to prove that exclusivity clauses in retail contracts breach Art. 81 and 82 EC (Masterfooods / Ice Cream)

6151

Facts HB Ice-Cream Ltd., hereinafter HB, was an ice-cream manufacturer in Ireland which exerted considerable market power. HB had concluded contracts with many Irish retailers which included a so-called “exclusivity clause”; this clause stipulated that HB would provide the retailers with (...)

Orla Lynskey A Scottish Court refuses, on the balance of interests, to grant interim measures to prevent a proposed merger (DCL-Argyll Group/Guiness-The Distillers Company)

3910

The present cases concerns an order for interim measures sought by Argyll Group Plc in order to prevent the proposed merger of Guinness and the “Distillers Company Plc (hereinafter “DCL”). Although the purpose of Argyll’s request was merely to obtain the provisional prevention of the Guinness/DCL (...)

Orla Lynskey The UK High Court awards an interim injunction restraining a breach of Art 81 EC as it was proven that there is a serious question to be tried (Cutsforth / Mansfield Inn)

3241

In the present case, the applicant sought the extension until trial or further order of an interim injunction granted ex parte against the defendants. This application was accepted by the trial judge, Sir Neil Lawson J., for reasons which will be set out presently. Before proceeding to the (...)

Orla Lynskey The UK High Court refuses to strike out an action challenging the compatibility of measures taken by a state controlled body with EC Treaty provisions and EC Regulation (An Bord Bainne/The Milk Marketing Board)

4548

In the present judgment, rendered in 1984, the English High Court (Queen’s Bench Divisional Court) effectively relied on the direct effect of the then Art 86 EEC (now Art 82 EC) in order to allow a privately owned co-operative organisation to challenge the compatibility of decisions taken by the (...)

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