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

Order by Minister relating to monopoly.

11.—(1) The Minister, having considered a report of the Commission (being a report referred to in section 10), may, if he thinks that the exigencies of the common good so warrant, after consultation with any other Minister of the Government appearing to him to be concerned, by order either—

(a) prohibit the continuance of the monopoly except on conditions specified in the order, or

(b) require the division, in a manner and within a period specified in the order, of the monopoly by a sale of assets or as otherwise so specified.

(2) An order under this section shall state the reasons for making the order.

(3) Before making an order under this section the Minister shall have regard to any relevant international obligations of the State.

(4) The Minister may by order revoke an order under this section and may, with the agreement of the enterprise or enterprises concerned, amend an order under this section.

(5) An order under this section shall not have effect unless it is confirmed by Act of the Oireachtas but, upon being so confirmed, it shall have the force of law in accordance with its terms.