Developments in Merger Control and the Need to Notify

In this article, it is proposed to highlight a series of evolving risks that should be taken into account by all businesses in Ireland, especially those seeking new business partners or exploring acquisition opportunities in Ireland or abroad. Most experienced practitioners will be aware of the legal obligation to notify specific types of transactions to competition authorities before completion. Equally, it is widely known that any transaction which should have been notified under the competition rules, but is completed before the proper approval is obtained, will be void. However, the decision whether a transaction must be notified or not is increasingly complex and depends on a number of fluid factors which are discussed in this article. A number of recent developments have significantly increased the risks associated with merger control process for businesses in Ireland.