5 Key Takeaways More Deals Take Longer More deals than ever before involved extended CCPC reviews.  Of 42 deals notified, 10 involved merger review delays of at least 3 months.  Two “Phase 2” reviews, both on going as of 15/01/2021, have each taken 11 months already.  According to the CCPC, this trend reflects “the complex…

Background On July 15, 2020, the General Court annulled the 2016 Commission Decision ordering Ireland to recover EUR 13 billion of illegal State aid from Apple,[1] chiefly, because the Commission had not demonstrated to the requisite legal standard that an advantage had been granted.[2] On the same day, the Commission’s Executive Vice-President M. Vestager released…

Some cases just have it all; the Apple case is one of them. First, size: at more than thirteen billion euros, the recovery order Ireland had to enforce dwarfed the previously biggest one (EDF, at around one billion euros). Second, international political implications: the case ignited transatlantic tensions between the EU and the USA, both…

As of 1 July 2020, a new “simplified procedure” will be available for certain notifiable mergers which are unlikely to raise a concern of loss of competition. The procedure is more limited in scope and in its benefits than the EU equivalent.  While parties availing of the procedure will be exempt from completing some sections…

325 days from first filing, the CCPC just recently cleared Live Nation’s acquisition of sole control of Irish concert promoter, MCD Productions, a merger of Ireland’s largest ticketing company and venue operator with the country’s biggest concert and event promoter.  Days later, the CCPC announced clearance of a three-to-two merger among Irish providers of commercial…

Introduction The collection of household waste (HHW) in Ireland is currently a private sector activity. Individual households contract with private operators for the provision of the service. Subject to fulfilling certain regulatory requirements any private operator can enter the HHW collection market and by offering better terms and conditions – competing on the merits –…

After an 18 month investigation involving officials from both the Competition and Consumer Protection Commission (“CCPC”) and Ireland’s Director of Public Prosecution, and a first-ever criminal prosecution, a company that gun-jumped Irish merger control rules avoided criminal conviction by agreement to donate €2,000 to charity, following a guilty plea. Irish competition law renders it a…

In every investment property transaction, investors and their advisers need to consider the potential requirement for approval of the Irish Competition and Consumer Protection Commission (the “CCPC”) before the transaction can proceed.  With recent changes to the notification thresholds, we highlight the questions to be asked and the issues to be aware of in navigating…

Introduction The Broadcasting Authority of Ireland (BAI) is an independent statutory body charged with certain key regulatory responsibilities in respect of broadcasting services, including licensing and approval of changes in ownership and control.  The BAI is guided in making these decisions by its Ownership and Control Policy (the Policy).  The Policy gives practical effect to…