Competition Act, 2002
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Determination of issues concerned on foot of full investigation. |
22.—(1) In this section “appropriate date” has the same meaning as it has in section 19 . | |
(2) Having considered a notification made to it, the Authority may decide that it shall carry out an investigation (in this section referred to as a “full investigation”) in relation to the merger or acquisition concerned. | ||
(3) On completion of a full investigation in relation to the merger or acquisition concerned, the Authority shall make whichever of the following determinations it considers appropriate, namely that the merger or acquisition— | ||
(a) may be put into effect, | ||
(b) may not be put into effect, or | ||
(c) may be put into effect subject to conditions specified by it being complied with, | ||
on the ground that the result of the merger or acquisition will or will not, as the case may be, be to substantially lessen competition in markets for goods or services in the State or, as appropriate, will not be to substantially lessen such competition if conditions so specified are complied with. | ||
(4) Where the Authority makes a determination under subsection (3), it shall reduce the determination to writing (and the determination in that form is referred to in paragraph (a) and subsection (7) as a “written determination”) and— | ||
(a) furnish to the undertakings which made the notification a copy of the written determination within 4 months after the appropriate date, and | ||
(b) publish the determination, with due regard for commercial confidentiality, within 1 month after the making of the determination. | ||
(5) A determination under subsection (3)(c) that the merger or acquisition may be put into effect subject to specified conditions being complied with is referred to in this section as a “conditional determination”. | ||
(6) A conditional determination shall include a condition requiring the merger or acquisition to be put into effect within 12 months after the making of the determination. | ||
(7) A written determination under subsection (3) shall state the reasons for its making and shall include a report in relation to the full investigation. | ||
(8) Before making a determination under subsection (3), the Authority shall have regard to any relevant international obligations of the State. |