The Irish Supreme Court holds that medical council is not an association of undertakings for the purposes of competition law (Ramadan Hemat / Medical Council)

Ramadan Hemat v the Medical Council[2010] IESC 24 concerns a Supreme Court appeal arising out of a decision of Mr Justice McKechnie in the High Court. The question before the appeal court was whether the Medical Council was an association of undertakings for the purposes of competition law at the time it disciplined Dr Hemat for breach of ethical rules regarding advertising. In dismissing the appeal and affirming the order of the High Court, Mr Justice Fennelly, delivering the unanimous decision of the appellate court, ruled that the application of advertising restrictions imposed by the Medical Council‘s, “Guide to Ethical Conduct and Behaviour” (the “Ethical Guide”) were motivated by considerations of the interests of patients which is in the public interest and only incidentally

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Patrick O'Brien, The Irish Supreme Court holds that medical council is not an association of undertakings for the purposes of competition law (Ramadan Hemat / Medical Council), 29 April 2010, e-Competitions April 2010, Art. N° 32062

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