Competition (Amendment) Act 2022

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Amendment of section 19 of Principal Act

16. Section 19 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “or in relation to which the Commission has made a requirement under section 18A(1) before it is put into effect,” after “in accordance with that subsection,”,

(b) by the substitution of the following subsection for subsection (2):

“(2) Any such merger or acquisition which purports to be put into effect, where that putting into effect contravenes subsection (1), is void and shall remain void—

(a) until the Commission informs the undertakings which made the notification that the merger or acquisition may be put into effect in accordance with section 21(2)(a), or

(b) where the Commission makes a determination pursuant to section 21(2)(b) to carry out an investigation under section 22 in relation to the merger or acquisition, until a determination is issued under paragraph (a) or (c) of section 22(3).”,

(c) in subsection (6)(b), by the substitution of “a notification of a merger or acquisition, a requirement or requirements of one or more of the undertakings involved in such merger or acquisition” for “the notification of the merger or acquisition concerned under section 18, a requirement or requirements of one or more of the undertakings concerned”,

(d) by the insertion of the following subsections after subsection (6):

“(6A) For the purposes of subsection (6), a requirement made under section 20(2) shall be deemed to be complied with on and from the date on which the Commission was provided with a certification under section 20(2)(b)(ii) where—

(a) the Commission confirms, by way of a notification under section 20(2)(c), that it is satisfied that the requirement to which the certification relates has been complied with, or

(b) the Commission does not issue a notification under section 20(2)(c) within 10 working days of being provided with the certification.

(6B) Where the Commission confirms, by way of a notification under section 20(2)(c), that it is not satisfied that a requirement to which the certification relates has been complied with—

(a) the requirement shall be deemed not to be complied with for the purposes of subsection (6A), and

(b) the Commission may request additional information relating to that requirement from the person or undertaking of whom the requirement was made.

(6C) Where, having received additional information requested under subsection (6B), the Commission considers that a requirement has been complied with, the requirement shall be deemed to be complied with for the purposes of subsection (6A) on and from the date on which the Commission so notifies the person or undertaking subject to the requirement.”,

and

(e) by the insertion of the following subsections after subsection (9):

“(10) Where a merger or acquisition is put into effect, or purports to be put into effect, in contravention of subsection (1) the undertaking or undertakings that have put the merger or acquisition into effect, or the person in control of such undertaking (within the meaning of section 18(11)), shall be guilty of an offence and shall, subject to subsection (11), be liable—

(a) on summary conviction, to a fine not exceeding €3,000,

(b) on conviction on indictment, to a fine not exceeding €250,000.

(11) Subsection (10) operates so that if the contravention concerned continues one or more days after the date of its first occurrence, the undertaking or person referred to in that subsection is guilty of a separate offence under that subsection for each day that the contravention occurs; but in respect of the second or subsequent offence of which he or she is guilty by reason of that continued contravention, subsection (10) shall have effect as if—

(a) in paragraph (a) of that subsection, ‘€300’ were substituted for ‘€3,000’, and

(b) in paragraph (b) of that subsection, ‘€25,000’ were substituted for ‘€250,000’.”.