Research Profile

Declan Walsh

Biography

Declan Walsh is a lecturer in European Union Law at the Faculty of Law, U.C.C., Cork, Ireland. He graduated in 1988 with a B.A. in European Studies at the University of Limerick and in 1989 with an LL.M. from University College London. In 1993-1994 he worked as special advisor to the Minister of State for the Marine.

He has written extensively on issues relating to EU competition law and policy and on European Union law generally and has delivered a wide range of papers at conferences across Europe and North America. He has contributed to both The Irish Times and The Irish Examiner and RTE radio on matters relating to Competition Policy and the European Union. He is a Committee member of the Irish Society of European Law and the Competition Law Scholars Forum He acted as legal spokesperson for Ireland for Europe in the 2009 successful referendum campaign on the Lisbon Treaty in Ireland.

He has twice been Acting Head of the Department of Law, UCC and has served as both Student Ombudsman and Examination Appeals officer at UCC.. In 2014 he was appointed by the government as a Momber of the Higher Education Authority where he serves as a member of Standing Committee on Research & Graduate Education.

Research Interests

The primary strategy that I have employed over the period has been to identify key elements of policy change in my main area of interest (EC competition law) and to consider various proposals in the area and identify the shift in policy.

I have engaged in this by researching current proposals regarding private party actions for damages (Green Paper & White Paper) and carrying out detailed analysis of submissions received on foot of these proposals. I have further attended the majority of conferences, seminars and roundtables in Europe on this topic. As a result I have produced and presented a series of papers at leading research conferences since 2006 and have used feedback and subsequent developments to further enhance the quality of my work in this area. I believe that the impact of my work in this area has been notable in its questioning of traditional norms as asserted by the European Commission.

I have also engaged in detailed comparative analysis of enforcement policies relating to antitrust in the United States and the European Union. This is highly significant in the context of a globalised economy and resulted in a very well received paper presented at Dalhousie University in May 2008 (to be published as a chapter in
“The European Union as a Global Actor” Brill, 2009). Very little comparative research is currently being carried out in this area in Europe and I believe that my work in this area adds significantly to the available material in the field.

Is the United States facing Competition from Europe ? EUCE Conference, Dalhousie University, Halifax, Canada. 4-6 May 2008

I believe that this paper is significant in its comparative analysis of current and evolving approaches to antitrust enforcement.

Carrots and Sticks – Leniency and Fines in E.C. Cartel cases, Competition Law Scholars Forum, University of Strathclyde, Glasgow, Scotland. 10 April 2008 

This paper is highly significant in questioning the compatability of proposals on private party actions for damages in EC competition law with existing enforcement policies regarding cartels. The paper has subsequently been published in the European Competition Law Review

The Privatisation of E.C. Competition Law, WG Hart Workshop, Institute of Advanced Legal Studies, London, England, June 2006

This paper is significant in its consideration of the diverging policy motivations between public and private enforcement of competition law. It added significantly to the debate on the issue as it was presented within a number of months of policy proposals in the area and during a period of ongoing academic debate on the matter.

Publications

Peer Reviewed Journals

 YearPublication
(1990)'EC Merger Control'
Walsh, Declan J. & Keane, Thomas; (1990) 'EC Merger Control'. Irish Law Times, (0021-1281):181-187 [Details]
(2010)'Tough Love – EC Competition Law & Policy in a Recessionary Era'
Walsh, Declan J. (2010) 'Tough Love – EC Competition Law & Policy in a Recessionary Era'. European Current Law, [Details]
(2010)'Antitrust Marathon IV: With Authority'
Walsh, Declan J. (2010) 'Antitrust Marathon IV: With Authority'. European Competition Journal, [Details]
(2009)'Carrots and Sticks – Leniency and Fines in E.C. Cartel Cases'
Walsh, Declan J. (2009) 'Carrots and Sticks – Leniency and Fines in E.C. Cartel Cases'. European Competition Law Review, [Details]

Book Chapters

 YearPublication
(2012)'In Search of a Coherent Transatlantic Antitrust Policy'
Laursen, Finn (ed) (2012) 'In Search of a Coherent Transatlantic Antitrust Policy' In: The EU and the Political Economy of Transatlantic Relations. Brussels: PIE Peter Lang. [Details]
(2011)'Ratification by Referendum – How Ireland Changed from No to Yes'
Laursen, Finn (ed) (2011) 'Ratification by Referendum – How Ireland Changed from No to Yes' In: The Making of the EU’s Lisbon Treaty. Brussels: P.I.E. Peter Lang. [Details]
(2010)'Persuasion & Dissuasion: Seeking Effective Enforcement of Competition Law'
Kilcommins & Kilkelly (eds.) (2010) 'Persuasion & Dissuasion: Seeking Effective Enforcement of Competition Law' In: Regulatory Crime in Ireland. Dublin: First Law/Lonsdale Law Publishing. [Details]
(2009)'Is the United States facing Competition from Europe'
Laursen, Finn (ed) (2009) 'Is the United States facing Competition from Europe' In: The EU in the Global Political Economy. Brussels: P.I.E. Peter Lang. [Details]

Book Reviews

 YearPublication
(2010)Review of - The Outer Limits of European Union Law; Edited by C. Barnard and O. Odudu.
Walsh, Declan J. (2010) Review of - The Outer Limits of European Union Law; Edited by C. Barnard and O. Odudu. Book Reviews [Details]
(2008)Review of - The Sovereignty of Law: The European Way By F Jacobs.
Walsh, Declan J. (2008) Review of - The Sovereignty of Law: The European Way By F Jacobs. Book Reviews [Details]
(2007)Review of - The European Union and its Court of Justice By A. Arnull.
Walsh, Declan J.; (2007) Review of - The European Union and its Court of Justice By A. Arnull. Book Reviews [Details]

Newspaper Articles

 YearPublication
(2015)Government right to stand its ground with big tobacco.
Declan J. Walsh (2015) Government right to stand its ground with big tobacco. Newspaper Articles [Details]
(2014)Court rules on third-country residence rights.
Declan J. Walsh & Catherine Donnolly (2014) Court rules on third-country residence rights. Dublin: Newspaper Articles   [Details]
(2012)Looking again at fines and sanctions.
Declan J. Walsh & Francis Kiernan (2012) Looking again at fines and sanctions. Newspaper Articles [Details]
(2006)O'Leary may well get EU approval.
Walsh, Declan J..; (2006) O'Leary may well get EU approval. Newspaper Articles [Details]
(1991)Information Ban can no longer face challenge in EC.
Walsh, Declan J. (1991) Information Ban can no longer face challenge in EC. Newspaper Articles [Details]

Professional Activities

Professional Associations

 AssociationFunctionFrom / To
Irish Society of European Law Committee Member/
Irish Centre for European Law Member/
Society of Legal Scholars Member/
University Association for Contemporary European Studies Member/
Competition Law Scholars Forum Member/

Conference Contributions

 YearPublication
(2014)ISEL Competition Law Forum,
Walsh, Declan J. (2014) Annual Review of Important Competition Law Cases and Developments in the EU and Ireland. [Invited Lectures (Conference)], ISEL Competition Law Forum, Dublin , 01-MAY-14. [Details]
(2014)10th European Community Studies Association-Canada (ECSA-C) biennial conference,
Walsh, Declan J. (2014) The Rule of Law – Primacy, New Directions and the European Union. [Invited Lectures (Conference)], 10th European Community Studies Association-Canada (ECSA-C) biennial conference, Université de Montréal, Canada , 10-MAY-14. [Details]
(2014)In Search of European Political Union,
Walsh, Declan J. (2014) In Search of a New Rule of Law Mechanism – the EU Commission, Treaty Change and the forthcoming Accession of the EU to the ECHR. [Invited Lectures (Conference)], In Search of European Political Union, Utrecht University , 20-JUN-14. [Details]
(2013)ISEL Competition Law Forum,
Walsh, Declan J. (2013) Annual Review of Irish Competition Law. [Invited Lectures (Conference)], ISEL Competition Law Forum, Dublin , 01-MAY-13. [Details]
(2013)Enforcing EU competition law: Training for national judges and prosecutors:,
Walsh, Declan J. (2013) Remedies for breach of Articles 101 and 102 TFEU: the EU case law and the duties of national courts. [Invited Lectures (Conference)], Enforcing EU competition law: Training for national judges and prosecutors:, Dublin . [Details]
(2013)Reflections on 40 years of Irish Membership of the European Union,,
Walsh, Declan J. (2013) Experience of the Irish Courts in Adapting to and Applying EU Law. [Invited Lectures (Conference)], Reflections on 40 years of Irish Membership of the European Union,, Cork . [Details]
(2012)6th Annual European Union Centre of Excellence (EUCE) Conference,
Walsh, Declan J. (2012) A Reinforced Economic Union – In Search of a Legal Solution to the Eurozone Debt Crisis. [Invited Lectures (Conference)], 6th Annual European Union Centre of Excellence (EUCE) Conference, Dalhousie University, Canada . [Details]
(2012)A Europe of Diversities, 19th International Conference of Europeanists,,
Walsh, Declan J. (2012) The Court of Justice & the Pursuit of Legal Certainty. [Oral Presentation], A Europe of Diversities, 19th International Conference of Europeanists,, Boston, USA . [Details]
(2011)5th Annual European Union Centre of Excellence (EUCE) Conference,
Walsh, Declan J. (2011) In Search of a Coherent Transatlantic Antitrust Policy. [Invited Lectures (Conference)], 5th Annual European Union Centre of Excellence (EUCE) Conference, Halifax, Canada , 10-APR-11 - 12-APR-11. [Details]
(2011)Recent Case Law of the Irish Courts regarding Article 267 TFEU,
Declan J Walsh; (2011) A consideration of recents issues arising from decisions of the Irish Courts on references for prelimiary rulings to the CJEU. [Invited Oral Presentation], Recent Case Law of the Irish Courts regarding Article 267 TFEU, Court of Justice of the European Union , 08-NOV-11 - 09-NOV-11. [Details]
(2010)4th Annual European Union Centre of Excellence (EUCE) Conference,
Walsh, Declan J. (2010) Ratification by Referendum – How Ireland Changed from No to Yes. [Invited Lectures (Conference)], 4th Annual European Union Centre of Excellence (EUCE) Conference, Halifax, Canada , 06-JUN-10 - 08-JUN-10. [Details]
(2010)Wither Europe 8th Biennial Conference,
Walsh, Declan J. (2010) Blurring the Boundaries – EU Antitrust Law & Policy in a Recessionary Era. [Invited Lectures (Conference)], Wither Europe 8th Biennial Conference, Victoria, BC, Canada , 01-MAY-10. [Details]
(2010)UACES Annual Conference 2011,
Walsh, Declan J. (2010) Is the European Commission abusing its Dominant Position?. [Oral Presentation], UACES Annual Conference 2011, College of Europe, Bruges, Belgium . [Details]
(2009)Competition Law Scholars Forum Workshop,
Walsh, Declan J. (2009) Competition Law and Financial Stability. [Invited Lectures (Conference)], Competition Law Scholars Forum Workshop, Strathclyde University, Glasgow, Scotland , 16-APR-09. [Details]
(2009)ISEL Competition Law Forum,
Walsh, Declan J. (2009) Issues in Media Mergers. [Invited Lectures (Conference)], ISEL Competition Law Forum, Dublin , 24-FEB-09. [Details]
(2009)Two Tier Criminal Law System: Common Law and Regulatory Enforcement: is the traditional role of the DPP Diminishing? CCJHR/First Law Conference,
Walsh, Declan J. (2009) Persuasion & Dissuasion – Seeking Effective Enforcement of Competition Law. [Invited Lectures (Conference)], Two Tier Criminal Law System: Common Law and Regulatory Enforcement: is the traditional role of the DPP Diminishing? CCJHR/First Law Conference, The Law Society, Dublin , 25-APR-09. [Details]
(2009)UACES Annual Conference,
Walsh, Declan J. (2009) Article 234 EC and the Pursuit of Legal Certainty: Environmental Impact Assessment Law in Ireland. [Invited Lectures (Conference)], UACES Annual Conference, Angers, France , 05-SEP-09 - 07-SEP-09. [Details]
(2008)European Consortium for Political Research, 4th Pan European Conference,
WALSH, DECLAN J.; (2008) Private Enforcement of Public Policy - An analysis of the Commission White Paper on Damages Actions for breaches of the EC Competition rules. [Oral Presentation], European Consortium for Political Research, 4th Pan European Conference, University of Riga, Latvia , 25-SEP-08 - 27-SEP-08. [Details]
(2008)UACES Annual Conference,
Walsh, Declan J. (2008) From Green to White: Competing Interests in E.C. Competition Policy. [Invited Lectures (Conference)], UACES Annual Conference, Edinburgh, Scotland , 02-SEP-08 - 04-SEP-08. [Details]
(2008)EUCE Conference,
WALSH, DECLAN J.; (2008) Is the United States facing Competition from Europe?. [Oral Presentation], EUCE Conference, Dalhousie University, Halifax, Canada , 04-MAY-08 - 06-MAY-08. [Details]
(2008)The EU as a Global Actor, 2nd Annual European Union Centre of Excellence (EUCE) Conference,
Walsh, Declan J. (2008) Is the United States facing Competition from Europe?. [Invited Lectures (Conference)], The EU as a Global Actor, 2nd Annual European Union Centre of Excellence (EUCE) Conference, Halifax, Canada , 04-MAY-08 - 06-MAY-08. [Details]
(2008)Competition Law Scholars Forum,
WALSH, DECLAN J.; (2008) Carrots and Sticks - Leniency and Fines in E.C. Cartel cases. [Oral Presentation], Competition Law Scholars Forum, University of Strathclyde, Glasgow, Scotland , 10-APR-08 - 10-APR-08. [Details]
(2008)Competition Law Scholars Forum Workshop,
Walsh, Declan J. (2008) Carrots and Sticks - Leniency, Fines and Settlement in EC Cartel Cases. [Invited Lectures (Conference)], Competition Law Scholars Forum Workshop, Strathclyde University, Glasgow, Scotland , 10-APR-08. [Details]
(2007)UACES Annual Conference,
WALSH, DECLAN J.; (2007) From Green to White: Competing Interests in E.C. Competition Policy. [Oral Presentation], UACES Annual Conference, Portsmouth, England , 01-SEP-07 - 01-SEP-07. [Details]
(2007)Society of Legal Scholars Annual Conference,
WALSH, DECLAN J.; (2007) The Green Paper on damages actions - Cartels, leniency and private party actions. [Oral Presentation], Society of Legal Scholars Annual Conference, University of Durham, England , 01-SEP-07 - 01-SEP-07. [Details]
(2007)EUSA Biennial Conference,
WALSH, DECLAN J.; (2007) We say Competition, You say Antitrust: Can Diverging Policy Objectives be met by Uniform Enforcement Policies. [Oral Presentation], EUSA Biennial Conference, Montreal, Canada , 01-MAY-07 - 01-MAY-07. [Details]
(2006)WG Hart Workshop,
WALSH, DECLAN J.; (2006) The Privatisation of E.C. Competition Law. [Oral Presentation], WG Hart Workshop, Institute of Advanced Legal Studies, London, England , 01-JUN-06 - 01-JUN-06. [Details]
(2004)Topical, Procedural & Substantive Issues of European Law,
WALSH, DECLAN J.; (2004) The European Court of Justice - A Year in Review. [Oral Presentation], Topical, Procedural & Substantive Issues of European Law, Irish Centre for European Law, Cork , 01-DEC-04 - 01-DEC-04. [Details]
(1999)Competition Law in Practice,
WALSH, DECLAN J.; (1999) Competition Law and Intellectual Property. [Oral Presentation], Competition Law in Practice, Irish Centre for European Law, Cork , 01-OCT-99 - 01-OCT-99. [Details]
(1999)Odysseus Police Conference,
WALSH, DECLAN J.; (1999) The European Union and Third Country Nationals. [Oral Presentation], Odysseus Police Conference, Cork , 01-OCT-99 - 01-OCT-99. [Details]

Employment

 EmployerPositionFrom / To
Department of Law, University College Cork College Lecturer01-OCT-91 /
Department of Law, University College Cork Temporary Lecturer01-OCT-89 / 01-OCT-91
Dept. of the Marine Ministerial Adviser01-JAN-93 / 01-JAN-94

Education

 YearInstitutionQualificationSubject
1988University of Limerick BA EUROPEAN STUDIES -ULLaw
1989University College London LLM

Languages

 LanguageReadingWritingSpeaking
French FunctionalFunctionalFunctional

Consultancy

 ClientDescription
Université Robert Schuman (Strasbourg III)
Visiting Lecturer
Université Jean Moulin (Lyon III)
Visiting Lecturer
Charles University Prague
Visiting Lecturer
University of New Hampshire, E-Law Summer Institute
Adjunct Faculty Member

Other Activities

 Description

Acted as a legal advisor and spokesperson for Ireland for Europe during the Lisbon II referendum campaign. Invited chair at many conferences and invited to act as judge at the Regional Final of the European Moot Court Competition at the University of Wales (Bangor) in 2008.

Teaching Activities

Modules Taught

 Term (ID))TitleLinkSubject
2016Contemporary Issues in EU Competition Policy LW6589Contemporary Issues in EU Competition Policy
2016Enforcement and Sanctions in Antitrust Law LW6588Enforcement and Sanctions in Antitrust Law

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