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New
Merger Notification Regime comes into force
The
New Regime
The
new Merger Notification regime provided for under Part 3 of
the Competition Act, 2002 came into force on the 1st of January
2003.
Under
this new regime the Irish Competition Authority now has the
legal authority and competence to review mergers above specific
turnover thresholds as and from the 1st of January 2003.
The
Competition Authority has issued a notice under Section 18(1)
of the Competition Act, 2002 to give guidance to both businesses
and their legal advisors on the approach of the Competition
Authority's to the interpretation of certain terms used in
connection with merger notifications to the Competition Authority.
Pre
Notification Discussions
In
addition the Competition Authority has announced that parties
to a merger (whether notifiable or otherwise) may request
the Mergers Division of the Competition Authority to enter
into Pre-Notification Discussions. The procedure is set out
in the Competition Authority website, www.tca.ie.
For
further information please contact
Kevin
O'Brien
E-mail:
kobrien@kilroys.ie
Kilroys Solicitors 2003
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