Competition Act, 1991

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Amendment of sections 6, 7 and 8 of the Act of 1978.

17.—(1) Section 6 of the Act of 1978 is hereby amended by the insertion after “section 3” of “or section 7”.

(2) The Act of 1978 is hereby amended by the substitution of the following for section 7:

“7.—Upon receipt of a notification under section 5 the Minister shall—

(a) as soon as practicable inform the enterprises which made the notification and any other enterprise involved which enquires of him that he has decided not to make an order under section 9 in relation to the proposed merger or take-over, or

(b) within 30 days of the commencement of the relevant period refer the notification to the Authority for investigation.”.

(3) Section 8 (1) of the Act of 1978 is hereby amended by the insertion after the word “date” of “not being less than 30 days after the reference”.

(4) Section 8 of the Act of 1978 is hereby amended by the substitution for subsection (2) of the following:

“(2) (a) A report of the Authority under subsection (1) shall state its opinion as to whether or not the proposed merger or take-over concerned would be likely to prevent or restrict competition or restrain trade in any goods or services and would be likely to operate against the common good.

(b) The Authority shall give its views on the likely effect of the proposed merger or take-over on the common good in respect of:

(i) continuity of supplies or services,

(ii) level of employment,

(iii) regional development,

(iv) rationalisation of operations in the interests of greater efficiency,

(v) research and development,

(vi) increased production,

(vii) access to markets,

(viii) shareholders and partners,

(ix) employees,

(x) consumers.”.

(5) The Minister shall publish any such report, with due regard to commercial confidentiality, within two months of its being furnished to him by the Authority.

(6) The Schedule to the Act of 1978 is hereby repealed.