Legal Updates

 Corporate and M&AMarch 25, 2020

Competition and Consumer Protection Commission - COVID-19 Temporary Merger Notification Process

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For further information on any of the issues discussed in this publication please contact the related contact(s) on this page.

On March 18 2020 the Competition and Consumer Protection Commission (CCPC) published their COVID-19 Temporary Merger Notification Process. As the CCPC are required to comply with binding statutory deadlines when reviewing notified mergers and acquisitions, they have set out some steps that businesses can take in order assist them in carrying out their merger review functions during these challenging times.

Delay Notifications

The review of mergers involves the CCPC collecting and assessing information from a various number of parties. The collection of such information is likely to be very difficult in the coming weeks due to COVID-19 disruptions.

As a result of this, the CCPC is encouraging notifying parties where possible to delay filing planned merger notifications until further notice.

Digital Notifications – Where it is not possible to delay notifications

Although filing hard copy notifications to the CCPC premises is still possible, it will become more and more difficult over the coming weeks as the presence of staff at these premises will likely be reduced.

Therefore the CCPC requests that notification forms and all supporting documents (material contained in annexes and appendices to the notification form) required by the CCPC be submitted in electronic format by email to mergers@ccpc.ie.

If you intend to submit a notification, or are having difficulty submitting a digital notification, then contact the Director of Competition Enforcement and Mergers at +353 (0)1 470 3683, or alternatively email mergers@ccpc.ie and a team member will endeavour to assist.

Temporary Notification Process

Notification of a merger or acquisition must be done by completing and submitting the merger notification form to the CCPC, together with all supporting documentation.• Completed notification forms and all accompanying supporting documentation must be submitted to the CCPC in electronic format by email to mergers@ccpc.ie.

Notifications must be submitted to the CCPC before 4.30pm from Monday to Friday.

Similarly, required documents must be submitted to the CCPC under the correct reference number before 4.30pm from Monday to Friday.

If an automated acknowledgement of your notification is not received within 2 hours, then call +353 (0)1 470 3683.

Notification Fee

Notification of a merger or acquisition must be accompanied by a fee of €8,000. The fee is payable by Electronic Funds Transfer (EFT) to the CCPC using the bank account details set out in the merger notification form.

DISCLAIMER: This document is for information purposes only and does not purport to represent legal advice. If you have any queries or would like further information relating to any of the above matters, please refer to the contacts above or your usual contact in Dillon Eustace.

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