Irish Merger Control Thresholds To Increase From 1 January 2019

Author:Mr Richard Ryan, Florence Loric and Patrick Horan
Profession:Arthur Cox
 
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Under Irish merger control rules, mergers or acquisitions which meet certain financial thresholds require competition clearance from the Competition and Consumer Protection Commission (CCPC).

As of 1 January 2019, the financial thresholds for triggering a requirement for competition clearance will be that, in the most recent financial year:

the aggregate turnover in the State (i.e. the Republic of Ireland) of the undertakings involved is not less than €60 million; and the turnover in the State of each of two or more of the undertakings involved is not less than €10 million. This is an increase on the current thresholds which are that, in the most recent financial year:

the aggregate turnover in the State of the undertakings involved is not less than €50 million; and the turnover in the State of each of two or more of the undertakings involved is not less than €3 million. The change is subject to confirmation by the Irish parliament, which is expected. 'Media mergers' as defined in section 28A of the Competition Act 2002 (as amended) are notifiable to the CCPC, and separately to the Minister for Communications, Climate Action and Environment, for clearance regardless of the turnover of the undertakings involved.

CONTEXT

The proposed changes to the financial thresholds follow a consultation carried out by the Department of Business, Enterprise and Innovation between September and November 2017 on a...

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