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1st September. Article advocates reform of Ireland's merger review regime. The Competition Authority needs to review its merger procedures. This is the main conclusion of an article by Compecon director, Patrick Massey, published in the latest edition of the Journal of Competition Law & Economics. The article found that the Authority has tended to rely on qualitative rather than quantitative evidence to an excessive degree. In some instances, most notably its treatment of efficiencies, it argues that the Authority's analysis is inconsistent with economic theory. The article recommends that the Authority should introduce additional checks and balances in its merger review process and revisit the question of efficiencies. It also suggests that the legislation should be amended to reduce the number of unnecessary notifications and provide third parties with a right of appeal in merger cases. The article is available at http://jcle.oxfordjournals.org/content/early/recent

Dublin 30th July. Bus company wins judicial review challenge against Transport Minister. The High Court found in favour of Swords Express which had challenged the validity of a decision by Transport Minister Noel Dempsey regarding bus services between Swords and Dublin city centre. Swords Express were awarded a licence to operate an express service between Swords and the city via the Port Tunnel. Dublin Bus subsequently altered the route of its 41X peak hour express service to operate via the tunnel. Under section 25 of the Transport Act, 1958, Dublin Bus may not operate services in competition with licensed operators without the Minister's consent. The Minister had decided that the services were not in competition but this was overturned by the Court. Compecon advised Swords Express.

Luxembourg 6th July. EU General Court upholds Commission decision to prohibit Ryanair takeover of Aer Lingus. The EU General Court rejected an appeal by Ryanair against the EU Commission decision prohibiting it from acquiring control of its Irish airline rival Aer Lingus. In a separate judgment the Court rejected an appeal by Aer Lingus against a Commission decision that it could not compel Ryanair to dispose of its 29% shareholding in Aer Lingus. Click here for more.

Dublin 4th July. Compecon report finds that proposed free-to-air broadcasting of big rugby games could harm Irish rugby. The Minister for Communications, Energy and Natural Resources sought views from interested parties regarding his proposal that Ireland's matches in the Six Nations Championship and all games involving Irish teams in the Heineken Cup should be broadcast live on free-to-air television channels. A detailed submission prepared by Compecon found that the proposal would result in a significant loss of revenue to the IRFU with consequent negative effects on Irish teams' ability to recruit and retain top quality players. Click here for more.

Dublin 21st April. CER sets out route map for deregulation of household electricity market.  The energy regulator published its proposals for the removal of electricity price controls for household and SME customers. The CER has decided that price controls should remain for household customers until the ESB’s market share falls to 60%. It has also directed ESB to re-brand its supply business. The decision follows publication of a consultation document on 2nd December 2009. Click here for more.

London 30th March. OFT announces £28.59m fine for Royal Bank of Scotland (RBS). The fine was imposed as a result of RBS of employees in one of the bank’s divisions disclosing confidential future pricing information to their counterparts at Barclays Bank. According to the OFT, there was evidence that Barclays had taken this information into account in determining its own pricing. Click here for more.

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