Competition
Act 2002 (Section 18 (5) and (6)) Order 2007
S.I. No.
122 of 2007
27th March, 2007.
WHEREAS subsection
(5) of section 18 of the Competition Act 2002 (No. 14 of 2002)
enables the Minister for Enterprise, Trade and Employment, where
he or she is of opinion that the exigencies of the common good
so warrant, to make, after consultation with the Competition
Authority, an order specifying a class or classes of merger
or acquisition for the purposes of subsection (1)(b) of that
section 18;
AND WHEREAS
the Minister for Enterprise, Trade and Employment is of opinion
that the exigencies of the common good warrant the making of
such an order in respect of the class of merger or acquisition
specified in this Order;
AND WHEREAS
the Competition Authority has been consulted with respect to
this Order;
AND WHEREAS
subsection (6) of the foregoing section enables the Minister
for Enterprise, Trade and Employment to make an order amending
or revoking an order made under subsection (5) of the foregoing
section;
NOW I, MICHEÁL
MARTIN, Minister for Enterprise, Trade and Employment, in exercise
of the powers conferred on me by subsections (5) and (6) of
the foregoing section, hereby order as follows:
1-
This Order
may be cited as the Competition Act 2002 (Section 18 (5) and
(6)) Order 2007.
2-
This Order
shall come into operation on 1 May 2007.
3-
In this Order,
“Act” means the Competition Act 2002 (No. 14 of
2002).
4-
The following
classes of merger or acquisition are specified for the purposes
of section 18 (1)(b) of the Act, namely—
(a)
the class of each merger
and each acquisition in which two or more of the undertakings
involved carry on a media business in the State, and
(b)
the class of each merger
and each acquisition in which one or more of the undertakings
involved carries on a media business in the State and
one or more of the undertakings involved carries on a
media business elsewhere.
5-
The Competition
Act 2002 (Section 18 (5)) Order 2002 ( S.I. No. 622 of 2002
) is revoked.
GIVEN under my Official Seal
21 March 2007
MICHEÁL MARTIN
Minister for Enterprise, Trade and Employment
EXPLANATORY
NOTE.
(This
note is not part of the Instrument and does not purport to
be a legal interpretation)
This
Order applies Part 3 of the Competition Act 2002 to:
all mergers or acquisitions in which two or more
of the undertakings involved carry on a media business
in the State, and
all mergers or acquisitions in which one or more
of the undertakings involved carries on a media business
in the State and one or more of the undertakings involved
carries on a media business elsewhere.
The
Competition Act 2002 (Section 18 (5)) Order 2002 S.I.
622 of 2002 is revoked.
Media
mergers are also subject to Section 23 of the Act which
provides for a review role for the Minister in relation
to media mergers.
Under
Section 18(7) of the Act, this Order has effect from the
date on which it is made but will require confirmation
by resolution of each House of the Oireachtas within 21
sitting days of its making.
