In July 2019, the Competition and Consumer Protection Commission
(the "CCPC") concluded two Phase 2
reviews, issuing clearances subject to remedies in both cases. This
article considers what parties to potential Phase 2 Irish merger
control cases should expect in future, based on these cases.
Irish Phase 2 Determinations Are Taking Longer
In Phase 2 cases the CCPC must make a final determination within
a review period of 120 working days (or 135 working days where the
parties offer remedies in Phase 1) from notification. It can take
much longer to obtain a final determination, however, as the
'clock stops' / time is not counted when the CCPC issues
statutory requests for information (RFI).