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Media Merger Guidelines

telecommunications tower in sunset.
Aim

The guidelines are designed to provide interested parties with insight on how the new media mergers regulatory process will work. This includes information on the following:

  • Information about who is required to apply
  • The notification process
  • An explanation of how media mergers will be examined
  • Information about the relevant criteria that inform the Minister’s decision-making

Importantly, the guidelines include the following:

  • A definition of “significant interest”
  • Metrics that will be used to identify when a holding in a media business represents a ‘significant interest’.
Background

The guidelines and associated notification form were prepared in accordance with Section 28L of the new part 3A of the amended Competition Act 2002 (the Act). The Act was amended by the Competition and Consumer Protection Act 2014 (the amending Act).

The amending Act introduced the new media mergers regulations. It also transferred responsibility for the protection of plurality to the Minister for Communication, Climate Action and Environment.

Preparation and Public Consultation

Officials from the Department worked with media experts and academics and officials from the following bodies:

  • The Broadcasting Authority of Ireland (BAI)
  • The Competition Authority. The amending Act renamed the Authority as the Competition and Consumer Protection Commission (CCPC)
  • The Department of Jobs, Enterprise and Innovation (DJEI)

The Department conducted extensive consultative research which contributed to the formation of the guidelines. In accordance with the Act the guidelines were published in draft form for public consultation on the 8 December 2014. This consultation was open for a total of 30 working days until the 22 January 2015.

 Thirteen submissions were received and these were then given full consideration by Department officials. The submissions received helped in finalising of the guidelines. The submissions came from a variety of sources including the following:

  • Individual citizens
  • Public representatives
  • Legal firms
  • The trade union movement
  • Industry

The content of the submissions received was very mixed, reflecting the broad range of views considered by the Department.

 
 

Publication Documents

 

 

Finalised Media Merger Notification Formhttps://www.dccae.gov.ie/en-ie/communications/publications/Documents/59/Finalised Media Merger Notification Form.pdfFinalised Media Merger Notification Form20/09/2015 23:00:00pdf192118
Finalised Guidelines on Media Mergershttps://www.dccae.gov.ie/en-ie/communications/publications/Documents/59/Finalised Guidelines on Media Mergers.pdfFinalised Guidelines on Media Mergers14/06/2015 23:00:00pdf567001