- within Antitrust/Competition Law and Law Department Performance topic(s)
NEW MERGER CONTROL THRESHOLDS
From 1 July 2026, a transaction requires notification to the Competition and Consumer Protection Commission (CCPC) under the Competition Act 2002 (as amended) where the following thresholds apply:
- the aggregate turnover in the Republic of Ireland of the undertakings involved is at least €100 million (previously €60 million); and
- the turnover in the Republic of Ireland of each of at least two undertakings is at least €15 million (previously €10 million).
Transactions meeting these mandatory notification thresholds must be notified prior to implementation and cannot be completed until cleared. As there are no transitional provisions, transactions will be assessed against the revised thresholds from 1 July 2026.
The increase in thresholds reflects a clear policy objective focusing merger reviews on transactions with a higher likelihood of raising substantive competition concerns. The reform is also intended to reduce the regulatory burden and transaction costs associated with smaller and non‑problematic transactions.
For more details, please see the briefing from our Competition and Regulated Markets Group: What are the new Irish merger control thresholds?
REVISED FDI SCREENING REGULATION
The Council of the EU has adopted the revised FDI Screening Regulation which will replace the existing regime. The new Regulation will:
- require all Member States to establish screening mechanisms;
- prescribe a minimum scope for mandatory screening; and
- address issues arising from divergences in scope, thresholds, timelines and procedures across national screening regimes.
The Regulation will now be published in the Official Journal, enter into force 20 days thereafter, and will apply from 18 months following its entry into force.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
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