18B.—(1) Where the Commission—

(a) has been notified of a merger or acquisition under section 18(1), 18(3), 18(3A), 18(12A) or 18A, and

(b) considers it appropriate to do so due to the risk that the merger or acquisition may have an effect on competition in any markets for goods or services in the State,

it may impose an interim measure on one or more undertakings involved in the merger or acquisition.

(2) Where the Commission imposes an interim measure under subsection (1), it shall by notice in writing served on the undertaking on which the measure is imposed—

(a) set out the nature of the interim measure or interim measures imposed, and

(b) specify the period for which the interim measure shall remain in force, which may include such period as is required for the Commission to make a determination under section 21 or section 22 in relation to the merger or acquisition.

(3) Where an interim measure has been imposed on an undertaking in accordance with this section, the Commission may, at any time before the expiry of the period referred to in subsection (2)(b), by notice in writing served on the undertaking on which the interim measure was imposed, vary or revoke the interim measure (including by specifying a period other than the period specified in the original interim measure) and, in the case of an interim measure that is varied, the interim measure shall apply on the terms set out in such notice.

(4) Where an undertaking fails to comply with an interim measure imposed on it in accordance with this section, the undertaking, or a person in control of the undertaking (within the meaning of section 18(11)), shall be guilty of an offence and shall, subject to subsection (5), be liable—

(a) on summary conviction, to a fine not exceeding €3,000,

(b) on conviction on indictment, to a fine not exceeding €250,000.

(5) Subsection (4) operates so that if the contravention concerned continues one or more days after the date of its first occurrence, the undertaking or person referred to in that subsection is guilty of a separate offence under that subsection for each day that the contravention occurs; but in respect of the second or subsequent offence of which he or she is guilty by reason of that continued contravention, subsection (4) will have effect as if—

(a) in paragraph (a) of that subsection, “€300” were substituted for “€3,000”, and

(b) in paragraph (b) of that subsection, “€25,000” were substituted for “€250,000”.

(6) In this Part, "interim measure" means a measure that is imposed by the Commission in accordance with this section requiring an undertaking involved in a merger or acquisition—

(a) to refrain from taking any step, or such steps as may be specified by the Commission, towards putting the merger or acquisition into effect, or from further putting it into effect, or

(b) to take such actions as may be specified by the Commission for the purpose of mitigating the impact of any step already taken by such undertaking towards putting the merger or acquisition into effect,

and without prejudice to the generality of the foregoing includes—

(i) imposing on the undertaking obligations as to the carrying on of any activities or the safeguarding of any assets,

(ii) providing for the carrying on of any activities or the safeguarding of any assets either by the appointment of a person to conduct or supervise the conduct of any activities (on such terms and with such powers as may be specified or described in the measure) or in any other manner, and

(iii) imposing obligations preventing the undertaking from—

(I) closing or selling sites,

(II) selling or failing to maintain equipment,

(III) degrading service levels,

(IV) terminating the employment of key employees,

(V) integrating IT systems,

(VI) failing to participate in a tender process,

(VII) discontinuing products, or

(VIII) exchanging confidential commercially sensitive information.