Competition Law Update: 2016 In Review - Irish Merger Control

The lowering of the Irish merger control thresholds towards the back end of 2014 prompted a significant uptick in the number of merger filings in 2015 (78 in total). The annual average number of filings over the previous five years was 39. It is undoubtedly the case that the lowering of the thresholds has cast the net wider and that net is catching an increasing number of both domestic and 'foreign-to-foreign' transactions.

These thresholds are, however, within the crosshairs, as the general consensus is that smaller, domestic transactions, which have little or no effect on competition in the Republic of Ireland, are being unnecessarily caught. However, any amendment of the thresholds would require new primary legislation. It is unlikely, in our view, that such legislation will emerge during 2017.