Competition Act 2002

Determination of issues concerned without full investigation, etc.


21.—(1) In this section “appropriate date” has the same meaning as it has in section 19.

(2) In respect of a notification received by it, the Authority shall, within F114[30 working days] after the appropriate date, inform the undertakings which made the notification and any individual or any other undertaking from whom a submission concerning the notification was received of whichever of the following determinations it has made, namely—

(a) that, in its opinion, the result of the merger or acquisition will not be to substantially lessen competition in markets for goods or services in the State and, accordingly, that the merger or acquisition may be put into effect, or

(b) that it intends to carry out an investigation under section 22 in relation to the merger or acquisition.

(3) Where the Authority makes a determination referred to in paragraph (a) or (b) of subsection (2), it shall publish that determination, with due regard for commercial confidentiality, within F114[60 working days] after the making of the determination.

(4) If any of the undertakings which have made the notification concerned submits to the Authority proposals to which section 20(3) applies, then subsection (2) shall have effect as if “F114[45 working days]” were substituted for “F114[30 working days]” in that subsection.




Substituted (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014), s. 58, S.I. No. 366 of 2014, subject to transitional provisions in s. 6.