Under Section 28B of the amended Competition Act 2002 (the Act) undertakings party to a proposed media merger shall notify the Minister for Communications, Climate Action and Environment. This notification shall be in writing and shall provide full details of the proposal to put the media merger or acquisition into effect. This may only take place after they have notified the Competition and Consumer Protection Commission (the CCPC) or the European Commission.
There are thresholds with regards to turnover in terms of notifying the CCPC when a proposed merger is not a media merger. However, in accordance with Statutory Instrument No. 122 of 2007 all Media Mergers must be notified to the CCPC and no such thresholds apply.
Notifications shall be made on or before the "relevant date" as defined in the Act. However, notification shall not be made before the CCPC or European Commission has made their determination. Notification may be made if the relevant period has elapsed as set out in Section 28B(2)(b) of the Act.
The notification form and other notification documents should be provided in both hard copy and electronic forms.
In the interest of procedural efficiency and minimizing unnecessary regulatory burden on undertakings, the Department will be happy to provide pre-notification meetings. These meetings will allow parties to:
- Explore the nature of the proposed media merger
- Identify what, if any, issues may arise in relation to media plurality as a result of the proposed media merger
- Seek any appropriate flexibility around information requirements that may be appropriate to a particular media merger
All requests for pre-notification meetings and completed notifications shall be addressed to:
Department of Communications, Climate Action and Environment,
Media Mergers Applications
29-31 Adelaide Road