Below-threshold mergers

Following a change to the merger control rules in 2022, the Authority gained new powers to review mergers that fall below the ordinary notification thresholds. These rules were introduced to prevent potentially harmful deals from slipping through the net.

Where only one of the two turnover thresholds is met, or if the combined worldwide turnover of the undertakings concerned exceeds €5 billion, the Authority may still require the parties to notify the transaction. We can exercise this power where the merger could pose real risks to competition in all or part of the national market.

The Authority may call in such a transaction within six months of its completion. If the parties fail to notify when required, the Authority may impose fines.