Identifying Notifiable Mergers and Acquisitions for EU and Irish Merger Control Rules

This article highlights a series of evolving competition law risks that should be taken into account by all businesses seeking new business partners or exploring acquisition opportunities. A number of recent developments have significantly increased the risks associated with the merger control process for businesses in Ireland and the EU. The first section of this article outlines the recent legislative changes at the Irish level from the perspective of merging undertakings and their advisors. The second section details the sanctions applicable under Irish and EU law for a failure to notify a notifiable transaction and some other pitfalls which pose risks for merging undertakings. The third section then details some recent cases from across the EU, which indicate that this is a priority policy enforcement area for European authorities. The final section examines proposed reforms regarding the types of transactions which must be notified under the merger control rules at the EU level. The concluding remarks analyse what these developments could mean for Irish businesses and their advisors going forward