Competition is recognised as a key driver of growth and innovation. Competition ensures that businesses continually improve their goods and services whilst striving to reduce their costs. Anti-competitive conduct by businesses, such as price-fixing, causes harm to the economy, to other businesses and to consumers. It is small businesses and the consumer who ultimately pay the price for anti-competitive conduct. A coherent competition policy that is both effectively implemented and effectively enforced is essential in driving growth and innovation in a market economy. The importance of competition was recently emphasised when the EU/ECB/IMF 'Troika' included a number of competition specific conditions to the terms of Ireland's bailout. Both Irish and Community law recognise the right for parties injured by anti-competitive conduct to sue for damages. This right to damages, in theory, allows those that have suffered loss to recover that loss whilst helping to deter others from taking the illegal route to commercial success. However private actions for damages in Ireland are rare. This book asks what the purpose of private competition litigation is and questions why there has been a dearth of this litigation in Ireland. The author makes a number of suggestions for reform of the law to enable and encourage private competition litigation. The author takes as his starting point the European Commission's initiative on damages actions for breach of the EC antitrust rules and compares the position in Ireland to that currently found in the UK and US.

1: INTRODUCTION Overview Structure of the Book Some Issues Not Addressed in this Book2: DAMAGES ACTIONS: ENFORCEMENT OR COMPENSATION Introduction The Purpose of Private Actions: Enforcement Privatised? The White Paper: A Shift in Emphasis? Community Law on the Concept of Private Enforcement Private Antitrust Law Enforcement: The American Model Commission Following the American Model? Private Enforcement of the Competition Rules in Ireland Private Action as Enforcement Tool: Is it an Appropriate and/or an Effective Concept? Wils' Three Tasks of Antitrust Enforcement Conclusion 3: DAMAGES ACTIONS FOR COMPENSATION: WHO CAN SUE AND FOR WHAT? Introduction Who is Actually Injured and Therefore Can or Should Sue in Damages? Secondary Victims Revisited: Indirect Purchasers and the Passing on Defence Defining Damages in Private Competition Cases: The Commission Initiative Damages but Not Restitutionary Damages Defining Damages in Competition Cases in Ireland: Donovan v ESB Quantifying Damages Conclusion 4: COLLECTIVE REDRESS Introduction Recap: Legal Requirement for Effective Redress The Debate in Europe Overview of the US Class Action The UK Models for Collective Redress Conclusion 5: COLLECTIVE REDRESS FOR BREACH OF COMPETITION LAW IN IRELAND Introduction: Collective Redress in Ireland, the Need, the Law and the Policy The Legal Need to Safeguard Citizens' Rights under the Treaty Some Reasons for Introducing Class Actions in Irish Law The Law in Ireland on Multi-Party, Representative and Class Actions The Competition Authority's Evolving View Counter Arguments to the Competition Authority's View Public Policy in Ireland on Damages and Collective Redress Conclusion 6: LITIGATION FUNDING, CONTINGENT FEES AND THE LAW OF CHAMPERTY Introduction The Funding Barrier to Private Actions The Law on Maintenance and Champerty Contingency Fees and Conditional Fee Agreements Litigation Funding by Third Party Professional Funders Funding Litigation in Ireland: A Confused and Inconsistent State of Affairs Public Policy on Maintenance and Champerty in the Irish Cases Public Policy and the Law of Maintenance and Champerty in England and Wales Conclusion: Litigation Funding and Contingency or Conditional Fees for Damages Actions in Ireland? 7: INCENTIVISING PRIVATE ACTIONS Introduction The Green Paper and Double Damages The Case for Multiple Damages Double Damages in Ireland: A Fanciful Idea? Conclusion: Double Damages for Standalone Actions 8: RECENT DEVELOPMENTS Introduction The Financial Crisis and Ireland's Bailout Conclusion 9: CONCLUSIONS Findings and Recommendations Private Actions for Damages in Ireland: Why and How? Private Actions for Damages in Ireland - Why? Private Actions for Damages in Ireland - How? Conclusion: Damages Actions in Ireland, Where are we Now? Books and Chapters in Books Journal Articles Consultations, Reports, Submissions, Papers Newspaper Articles Speeches and Conference Papers Legislation, Notices, Parliamentary Debates, Press Releases and Miscellaneous Sources