Mergers, Take-Overs and Monopolies (Control) Act, 1978

Notification of proposed mergers and take-overs to Minister.

5.—(1) Where a merger or take-over is proposed each of the enterprises involved and having knowledge of the existence of the proposal shall notify the Minister in writing of the proposal as soon as may be.

(2) Where, having received a notification under this section, the Minister is of opinion that in order to consider for the purposes of this Act a proposed merger or take-over he requires further information he may, within one month of the date of receipt by him of the notification, request such further information in writing from any one or more of the enterprises concerned.

(3) (a) Where there is a contravention of subsection (1) the person in control of an enterprise failing to notify the Minister shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or on conviction on indictment to a fine not exceeding £5,000.

(b) For the purposes of this subsection the person in control of an enterprise shall be—

(i) in the case of a body corporate, any officer of the body corporate who knowingly and wilfully authorises or permits the contravention,

(ii) in the case of a partnership, each partner who knowingly and wilfully authorises or permits the contravention.