The Irish Supreme Court supports effective enforcement of competition law (Pat Hegarty)

Introduction The Supreme Court decision of 28 July 2011 in Hegarty resolved a number of complex legal issues, but at the heart of the case is the continuing trend of Irish judges to interpret legislation in a manner which ensures the effective enforcement of competition law. It is this aspect of the case which will be examined in more detail below following a brief summary of the case. The principal issue was the interpretation of a provision of Irish competition law which provides that an individual who is a key decision maker in an “undertaking” can be prosecuted and convicted of a cartel offence as well as the undertaking itself. The principal issue in this case was that, for technical reasons, the undertaking was not first prosecuted for a cartel offence and the question arose as

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Patrick O'Brien, The Irish Supreme Court supports effective enforcement of competition law (Pat Hegarty), 28 July 2011, e-Competitions July 2011, Art. N° 48649

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