S.I. No. 622 of 2002

Competition Act 2002 (Section 18 (5)) Order 2002

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;

NOW I, Mary Harney, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by that subsection (5) of the foregoing section, hereby order as follows:

1.   This Order may be cited as the Competition Act 2002 (Section 18 (5)) Order 2002.

2.    This Order shall come into operation on 1 January 2003.

3.     In this Order -

“Act” means the Competition Act 2002 ( No. 14 of 2002 );

“definition of ‘media merger’” means the definition of that expression in section 23 (10) of the Act.

4.    The following class of merger or acquisition is specified for the purposes of section 18 (1)(b) of the Act, namely, the class of each merger and each acquisition that falls within the definition of “media merger”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order applies the provisions of Part 3 of the Competition Act, 2002 to all mergers or acquisitions in which one or more of the undertakings involved carries on a media business in the State, regardless of the turnover of the undertakings involved. The term “media business” and related terms are defined in Section 23(10) of the Act.

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.

Published by the Stationery Office, Dublin.