Higher limits lapsed on 30 September

Businesses that agreed mergers or takeovers since 30 September 2026 may have to notify the Competition and Consumer Protection Commission after a Government order raising notification thresholds lapsed. The Department of Enterprise, Tourism and Employment told the CCPC that S.I. No. 243 of 2026 had lapsed because of a procedural issue in the legislative approval process.

The order, signed by Minister for Enterprise, Tourism and Employment Peter Burke, had raised the mandatory notification limits with effect from 1 July 2026. It lifted the combined State turnover test from €60 million to €100 million, and the test for at least two individual businesses from €10 million to €15 million.

The department has confirmed that the order was laid before the Oireachtas but did not secure the approval of both the Dáil and Seanad within the time set out in the Competition Act 2002. “As a result, the order ceased to have effect,” said a spokeswoman, who confirmed that the error emerged following a department review.

The CCPC published the update on 13 October 2026, while The Irish Times reported the consequences for deals on 17 October 2026. For companies planning or closing transactions in Ireland, the practical effect is that the lower, pre-July thresholds apply again from 30 September 2026.

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Competition and Consumer Protection Commission

Which deals are now caught

Competition law obliges the CCPC to examine deals that meet the thresholds to ensure they do not damage competition before they can be approved, often with conditions meant to protect competition.

Since the lapse, the test is again whether the businesses involved have aggregate turnover in the State of not less than €60 million and at least two have turnover in the State of not less than €10 million each. The Irish Times reported that position plainly: “So mergers or takeovers agreed or completed since then, where the parties’ combined turnover is €60 million or more, and two of those involved have sales of at least €10 million each, may face investigation by the commission.”

Deals completed between 1 July 2026 and 29 September 2026, while the higher-threshold order was in force, are unaffected. The CCPC said such transactions were or are not required to be notified because of the later lapse.

The position is different for transactions agreed but not yet completed, and for transactions completed on or after 30 September 2026. The CCPC says the first group should review whether they meet the pre-July thresholds and consider notification under section 18(1) of the 2002 Act, while the second group should contact the CCPC with a view to notifying under section 18(12A).

Foinsí:

Competition and Consumer Protection Commission

Update to merger notification thresholds
The Department of Enterprise, Tourism and Employment (DETE) has informed the Competition and Consumer Protection Commission (CCPC) that due to a procedural issue in the legislative approval process, S.I. No. 243 of 2026, which amended the financial thresholds set out in section 18(1) of the Competition Act 2002 (the 2002 Act) for mandatory merger notifications to the CCPC, lapsed with effect from 30 September 2026.

The Irish Times

Recent mergers may face investigation following Government error
Businesses that agreed mergers or takeovers in recent weeks may face investigation by competition regulators as a result of a Government mistake, it has emerged.

No gun-jumping action for inadvertent breaches

The CCPC is advising businesses involved in transactions either agreed or completed since 30 September 2026 to consider if they meet the old threshold and whether they should notify it of the deal. Its guidance distinguishes between deals that are still to be implemented and those already put into effect.

For deals already completed, the prospect of completing without prior approval would normally raise so-called gun-jumping concerns. On this occasion the CCPC has said it will not open gun-jumping investigations where notification was missed inadvertently because of the lapse of the statutory instrument.

The reassurance does not remove the need for review. Where the reinstated thresholds are met and the deal has not been notified, companies are expected to consider notification or contact the CCPC promptly.

The wider merger workload shows why timing matters. On 9 October 2026 the CCPC cleared the proposed purchase of Celtic Water Care Solutions Ltd by CSG Chemical Solutions Ltd after a Phase 2 inquiry that began in May 2026, while it is conducting a full Phase 2 investigation into Uniphar’s completed acquisition of TouchStore, with interim measures requiring the two to operate independently pending review.

Foinsí:

Competition and Consumer Protection Commission (3)

Update to merger notification thresholds
The Department of Enterprise, Tourism and Employment (DETE) has informed the Competition and Consumer Protection Commission (CCPC) that due to a procedural issue in the legislative approval process, S.I. No. 243 of 2026, which amended the financial thresholds set out in section 18(1) of the Competition Act 2002 (the 2002 Act) for mandatory merger notifications to the CCPC, lapsed with effect from 30 September 2026.
CCPC clears CSG's acquisition of Celtic Water Care Solutions
Following a preliminary Phase 1 investigation, the CCPC opened a Phase 2 investigation in May 2026 to establish if the acquisition would lead to a substantial lessening of competition in Ireland.
CCPC opens full investigation into Uniphar's acquisition of TouchStore
As the transaction was completed prior to its notification, the CCPC has imposed interim measures requiring Uniphar and TouchStore to continue operating independently pending the outcome of its review.

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Merger threshold lapse leaves recent Irish deals facing CCPC review

Higher limits lapsed on 30 September

Lean do chuid ionadaithe

Which deals are now caught

Why thresholds were raised in July

No gun-jumping action for inadvertent breaches

Higher thresholds due back in early January

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