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

Order by Minister prohibiting proposed merger or take-over.

9.—(1) (a) The Minister, having considered a report of the Examiner under section 8 (1), 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 prohibit a proposed merger or take-over either absolutely or except on conditions specified in the order.

(b) The conditions referred to in paragraph (a) shall include a condition requiring the proposed merger or take-over to be effected within 12 months of the making of the order.

(2) An order under this section shall state the reasons for making the order and, in the case of a conditional order, may have retrospective effect.

(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) Every order under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.