EU competition law is enforced primarily by the European Commission and the European Courts. EU competition rules are also directly applicable in this country and actions in respect of alleged breaches of those rules may be taken in the Irish Courts by affected parties.
In its 1990 report of its study into restrictive practices in the legal profession, the Fair Trade Commission made wide ranging recommendations for reform, some of which have been taken on board in the Solicitors (Amendment) Act, 1994 and in the proposed legislation for reform of the Courts and judicial system, announced recently by the Minister for Justice. Other recommendations of the Fair Trade Commission were adopted by the profession on a voluntary basis.
The outstanding Fair Trade Commission recommendations relate mainly to the barristers' side of the profession, the matter of joint legal education and training and greater mobility between the two branches of the profession. The Minister for Enterprise and Employment has consistently supported the case for reform and will continue to press for the outstanding recommendations of the Fair Trade Commission to be dealt with.
I also draw the Deputy's attention to national competition law. The Competition Act, 1991 prohibits, by analogy with EU competition rules, anti-competitive practices and the abuse of a dominant position. At present the Act is enforced primarily by way of private civil actions in the Courts between disputing parties. While the Act illustrates examples of what may be prohibited, it is ultimately for the Courts to decide what constitutes a breach of the law in any case brought before them.