In accordance with Part 3A of the Competition Act 2002 (the Act), as amended, the Minister was notified on the 21 November 2016 of the proposed acquisition by Independent News and Media Holdings Limited of CMNL Limited. This followed the clearing of the proposed merger on competition grounds by the Competition and Consumer Protection Commission. In accordance with the Act, the Department undertook an initial, or a "Phase 1", examination of the merger in order to determine its potential effect on the plurality of media in the State.
As a result of this examination the Minister made a determination, on 10 January, that the proposed merger may be contrary to the public interest in protecting the plurality of the media in the State, as provided for in Section 28D(1)(c) of the Act. As such, the Minister intends to request the Broadcasting Authority of Ireland to conduct a full, or "Phase 2", examination under Section 28E of the Act.
Copies of the letters containing the Minister's determination can be found below:
Minister's Determination to CMNL Limited (PDF 54 KB)
Minister's Determination to Independent News & Media Holdings Limited (PDF 54 KB)
M/2016/6 Phase 1 Examination Document
M/2016/6 Opinion of the Advisory Panel
M/2016/6 Report of the Broadcasting Authority of Ireland
M/2016/6 Departmental Submission to Minister