It is now clear that the Competition Authority is a watchdog
with a real bite and not just a bark. The competition regulator,
approaching its 10th birthday, has been keen to clamp
down on market activity that falls foul of the Competition Act.
When the Act came into force in 2012, the mandate of the
Authority was largely understood to be the regulation of M&A.
At the time, the language in the legislation on merger control was
so broad that the sale of a kiosk could be construed as a
transaction requiring the Authority's approval. While useful
thresholds have since been introduced, certain players ignored the
provisions of the Act with grave implications.
The first reported case was the acquisition of Synovate by
Ipsos. On investigation, the Authority issued divestiture orders
and engaged the Director of Public Prosecution to prosecute the
offenders as a result of the parties effecting the transaction
without the requisite approvals. This was closely followed by
