Update to merger notification thresholds
The Department of Enterprise, Tourism and Employment (DETE) has informed the Competition and Consumer Protection Commission (CCPC) that due to a procedural issue in the legislative approval process, S.I. No. 243 of 2026, which amended the financial thresholds set out in section 18(1) of the Competition Act 2002 (the 2002 Act) for mandatory merger notifications to the CCPC, lapsed with effect from 30 September 2026.
The effect of that lapse is that the lower merger notification thresholds that were introduced by the Competition Act 2002 (Section 27) Order 2018 (S.I. No. 388 of 2018) and that applied under section 18(1) of the 2002 Act prior to 1 July 2026 have been reinstated with effect from 30 September 2026. DETE intends to take the necessary steps to reintroduce the higher thresholds (i.e. as previously provided for in S.I. No. 243 of 2026) in early January 2027. The effect of this is as follows:
- Undertakings involved in transactions agreed (for the purposes of section 18(1A) of the 2002 Act) but that have not yet been put into effect/implemented (i.e. completed) should review whether they meet the pre-1 July 2026 notification thresholds, namely where the undertakings concerned have an aggregate turnover in the State of not less than €60 million and at least two of the undertakings have turnover in the State of not less than €10 million each. Where those thresholds are met, and the transaction has not already been notified to the CCPC, undertakings should consider whether they need to notify such transactions under section 18(1) of the 2002 Act.
- Undertakings involved in transactions which have been put into effect/implemented on or after 30 September 2026 should review whether they meet the pre-1 July 2026 notification thresholds, namely where the undertakings concerned have an aggregate turnover in the State of not less than €60 million and at least two of the undertakings have turnover in the State of not less than €10 million each. Where those thresholds are met, and the transaction has not already been notified to the CCPC, undertakings should contact the CCPC as soon as possible with a view to notifying such transactions under section 18(12A) of the 2002 Act. The CCPC will not open any gun jumping investigations in relation to transactions that were inadvertently not notified as a result of the lapse of the SI.
- Transactions put into effect/implemented between 1 July 2026 and 29 September 2026 while S.I. No. 243 of 2026 remained in force are unaffected by its subsequent lapse. Accordingly, such transactions were/are not required to be notified to the CCPC.
While the CCPC wishes to assist undertakings and their legal advisors in respect of this issue, the views expressed above should not be regarded as legal advice. The CCPC is ready to work with any impacted undertakings including any that now need to notify transactions.
