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Irish Competition Authority Amends Legal Representation Rules

by Robin Pilgrim, for LawAndTax-News.com, London

06 August 2004

The Irish Competition Authority on Wednesday released details of new guidelines designed to resolve any potential conflicts of interest in relation to the legal representation of those coming before the Authority.

A key change is that under the new rules, where the Competition Authority is of the opinion that the integrity of its investigative processes may be compromised by the fact that the same lawyer represents more than one person in any particular matter, it will permit that lawyer to appear before it on behalf of only one of those persons.

Explaining the reasoning behind the amendment of the legal representation guidelines, Terry Calvani, director of the Authority's Cartels Division announced that:

“The purpose of these guidelines is to ensure the integrity and effectiveness of the Authority’s investigative processes."

"He went on to add:

"As we investigate potential price-fixing cartels or other possible breaches of competition law we rely heavily on the testimony and statements of persons attending before the Authority. We don’t want the enforcement of competition law compromised by conflicts which potentially arise where the same lawyer represents more than one person in the same investigation.”

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