This paper analyses the impact of the Competition Act 1991, largely by focusing on the decisions of the Competition Authority during its first three years. The Act, which was based on Articles 85 and 86 of the Treaty of Rome, introduced a prohibition based system of competition law in Ireland. It appears that the Act has not been wholly effective due, in part, to the abscence of an effective system of state enforcement. It is proposed that the Act be amended to enable the Authority to investigate breaches of the Act and take court actions in such cases. This raises some questions about devising penalties which will provide a sufficient deterrent to firms engaging in anti-competitive behaviour.
