Reforming Non-Notifiable Mergers in Ireland: the Kantar Media/Newsaccess Transaction

In January 2021 the government department with responsibility for competition policy in Ireland proposed that for mergers notified to competition agency on a voluntarily (as opposed to mandatory) basis that the agency be empowered: (i) to make interim orders preventing the implementation of the transaction; and, (ii) to unwind a completed merger so as to restore pre-merger status quo. No rationale or justification was offered. This paper examines the proposed powers in relation to the record of the competition agency’s long standing procedure for dealing with non-notifiable mergers, and, the possible hypothetical use of the powers in a two-to-one merger notified on a voluntary basis in 2017. The competition agency procedure for dealing with non-notifiable mergers that raise competition concerns has worked well. The case study reinforces this conclusion. Government needs to furnish a compelling rationale for the proposals to go forward.