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ARTICLE · 20 DECEMBER 2023

New Merger Control Rules May Delay Transactions

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The Competition (Amendment) Act 2022 ("Amendment Act") amending the Competition Act 2002 ("Principal Act") came into operation on 27 September 2023...

IrelandCorporate/Commercial Law
Colm Rafferty
Colm Rafferty
Morgan Pierse
Morgan Pierse
Jordan O'Brien
Jordan O'Brien
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What You Need to Know

  1. Significant changes to Merger Control Rules have been in operation since September 2023.
  2. The Competition and Consumer Protection Commission ("CCPC") has received substantial additional powers.
  3. These powers have the potential to delay transactions and introduce market uncertainty.

What You Need to Do

  1. Parties entering into transactions which do not meet the Merger Notification Thresholds should exercise greater caution.
  2. Consider whether the proposed deal impacts competition in the markets of the parties.
  3. Consider pre-notification communication with the CCPC as guidance will be provided in advance of closing.

Background

The Competition (Amendment) Act 2022 ("Amendment Act") amending the Competition Act 2002 ("Principal Act") came into operation on 27 September 2023 and brought with it significant changes to Merger Control Rules in Ireland which are summarised below.

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