On 14 June 2019 the Irish Competition and Consumer Protection Commission (CCPC) confirmed its plan to introduce in 2020 a simplified procedure for the notification of mergers which satisfy the relevant financial thresholds and do not raise competition concerns.(1)
The CCPC has now consulted on draft guidance on the simplified procedure, although the outcome of the consultation and a decision on from what date the new procedure will be available is still unknown.
The proposals to date have raised numerous concerns. One concern is that the proposed exceptions to the simplified procedure are in some respects wide and imprecise (eg, where either party is a maverick) and in some respects unfairly outside the control of the notifying parties (eg, where third-party complaints are made). Another concern is that it will be difficult to advise clients that the simplified procedure is of clear benefit to them when it is proposed that:
- the CCPC could withdraw the procedure, deem the CCPC notification invalid and restart the clock at day one sometime after notification and through no fault of the client;
- the CCPC will not commit to deciding on mergers notified under the simplified procedure within a shorter deadline (although that is intended); and
- availing of the simplified procedure will require pre-notification discussion with the CCPC, which are currently a rarity and could delay the notification date.
Endnotes
(1) For further information please see "CCPC confirms plans to introduce a simplified notification procedure for mergers in Ireland".
