Search results

This paper aims to understand the emergence, operation and evolution of judge-centred models for the enforcement of competition law in Ireland and in Hong Kong SAR. The public enforcement model in Hong Kong chimes with the Irish regime where competence to adjudicate on competition law violations and to impose sanctions is intentionally reserved exclusively to judges. This design choice renders the Irish and Hong Kong regimes both similar to each other and atypical on the global stage, where in many jurisdictions an administrative competition agency investigates suspected infringements, makes determinations of infringements and may penalise infringers.

This paper starts by detailing the current competition law architecture in each jurisdiction. Then, it examines closely the discourse (expressed in consultations, experts’ reports and Parliamentary documents) in the lengthy period preceding their introduction. This approach aims, firstly, to understand why judicial models were chosen over more familiar administrative ones and, secondly, to unearth any similar concerns which had a bearing on the choice of atypical design. Next, it analyses some implications of the judicial model in operation for, firstly, parties; secondly, the administrative competition agencies; and, thirdly, the evolution of competition law.

It finds the existence of similar concerns surrounding due process/separation of power arose in each jurisdiction. Other similar strands include a sluggish political appetite which delayed reform. Each jurisdiction actively sought to inform itself about international experience but did not feel obliged to copy the enforcement dimension even where substantive prohibitions were persuasive.

It shines a light on the independent response by two small Common Law jurisdictions, which does not converge with popular administrative international models of competition law enforcement.

It is hoped that the decades-long experience in Ireland may interest those involved in Hong Kong competition law, which is at a comparatively fledgling stage of development.

This is an original research and appears to be the first paper exploring the atypical approaches taken in Hong Kong SAR and Ireland to designing locally suited regimes for the enforcement of competition law.

Our Dublin correspondent telegraphed last night:

The position of these Irish agitators is illogical and untenable; the remedy they propose is no remedy at all – nevertheless they are talking about the tenure of land and the right to land; and thus a question of worldwide importance is coming to the front.³

The national context Ireland has the lowest proportion of married women in the paid labour force (20%). A Catholic patriarchal ideology has enshrined the position of women in the home in the Irish Constitution and until EC entry in 1973, aspects of Irish labour law embodied this attitude (Mahon 1987). For in‐stance a legal ban on the employment of married women in the Civil Service existed until 1973.

Dublin, Wednesday, 1 a.m., Aug. 9, 1882.

The European Works Council (EWC) Directive reflects a shift to a softer style of governance which has been adopted by the EU in recent years. This article sets out to explore how successful this soft style governance is when implemented at the national level.

The paper introduces the literature on the subject and shows that two main theses have been developed to date; one which favours the softer mechanism of governance and one which is critical of it. Two propositions are developed from the literature. The article explores them by examining them in light of the manner in which the Directive has bedded down in the Irish context. It does this through a micro and macro analysis of material available on the EWC in Ireland and a series of interviews. Ireland is regarded as a suitable arena in which to explore these propositions.

The article finds that the EWC Directive was implemented in Ireland in a manner which was deemed suitable for its smooth integration into the Irish context. However, the transposition’s flexible nature is such that it is unclear that it has made any significant contribution to Ireland’s system of industrial relations. It is suggested that the EU may not yet have developed a form of governance suitable for a disparate, expanding community.

The paper provides a micro‐analysis of how the EWC Directive has been transposed in one Member State (Ireland). It combines this with a macro‐analysis which enables us to compare the Irish transposition with other Member States. This approach indicates that the Directive has been applied in a very heterogeneous style throughout the Member States, which tends to reproduce indigenous industrial relations systems rather than reform or challenge them.

The Howard Shuttering Contractors case throws considerable light on the importance which the tribunals attach to warnings before dismissing an employee. In this case the tribunal took great pains to interpret the intention of the parties to the different site agreements, and it came to the conclusion that the agreed procedure was not followed. One other matter, which must be particularly noted by employers, is that where a final warning is required, this final warning must be “a warning”, and not the actual dismissal. So that where, for example, three warnings are to be given, the third must be a “warning”. It is after the employee has misconducted himself thereafter that the employer may dismiss.

The subject of part‐time work is one which has become increasingly important in industrialised economies where it accounts for a substantial and growing proportion of total employment. It is estimated that in 1970, average annual hours worked per employee amounted to only 60% of those for 1870. Two major factors are attributed to explaining the underlying trend towards a reduction in working time: (a) the increase in the number of voluntary part‐time employees and (b) the decrease in average annual number of days worked per employee (Kok and de Neubourg, 1986). The authors noted that the growth rate of part‐time employment in many countries was greater than the corresponding rate of growth in full‐time employment.

The period from the death of Charles Stewart Parnell (1891) to the establishment of the Irish Free State (1922) was a momentous one for Ireland. There was a cultural revitalization (1891– 1916), a Rising (1916), the Anglo‐Irish War (1919–21), the Treaty (1922), and the Civil War (1922–23) before the new Irish state settled into a routine pattern. This was a period characterized by assertive nationalism, dogmatism, and intolerance that led to violence and bloodshed. The result would be an independent Ireland, but a divided Ireland with potential for explosion in the North. Still there were people who surmounted the polemic of the moment and sought rational compromise and mutual tolerance. These were individuals who sought limited practical objectives, empathized with their adversaries, demonstrated civility, and often predicted the problems of the future. These were the “apostles of peace”. Among Ireland's many notables, three of such caliber stand out — Arthur Griffith, Horace Plunkett, and Eoin MacNeill. These men were intimately associated with the affairs of their day and were recognized for their integrity and professional accomplishment. They were also associated with the major peaceful attempts to solve Ireland's problems and avoid the warfare that ensued. Griffith, the journalist, founded the early Sinn Fein and came temporarily to lead the Irish Free State. Plunkett, the Anglo‐Irish aristocrat, founded the cooperative movement. MacNeill, the civil servant and historian, was involved in starting the Gaelic League and the Irish Volunteers. These were the “apostles of peace” and Ireland's subsequent trauma stemmed from their limited number. The objective of this study is to examine the careers of these three exceptional notables and ascertain if there exist some pattern. Are there generalizations that might be made about them collectively?