Competition Act 2002

Relationship between this Part and other enactments.

28

28.—(1) Nothing in an enactment specified in subsection (2) prejudices the operation of F129[this Part or Part 3A].

(2) The enactment mentioned in subsection (1) is an enactment (other than an enactment contained in F129[this Part or Part 3A]) that requires, in respect of the doing of the act or acts that comprise a merger or acquisition to which paragraph (a) or (b) of F129[section 18(1), or section 28B(1)] applies, the doing of that act or those acts to be either—

(a) sanctioned, whether such sanctioning takes the form of the making by a court of an order or the granting by a person of any other form of consent, or

(b) the subject of any form of registration of a resolution passed by one or more undertakings.

(3) Neither the giving of a sanction such as is referred to in subsection (2)(a) nor the carrying out of a registration such as is referred to in subsection (2)(b) shall be done or completed in relation to a merger or acquisition to which paragraph (a) or (b) of F129[section 18(1), or section 28B(1)] applies unless and until no step remains to be taken, or power of any person or court or of either House of the Oireachtas remains to be exercised, under F129[this Part or Part 3A], being a step or power the taking or exercising of which would, by virtue of this Part, prevent the merger or acquisition from being put into effect.

Annotations

Amendments:

F129

Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 63, S.I. No. 366 of 2014, subject to transitional provisions in s.6.