Improving the Merger Control Process in Ireland. ESRI Research Bulletin 2014/02/04

Gorecki, Paul K. (2014) Improving the Merger Control Process in Ireland. ESRI Research Bulletin 2014/02/04. UNSPECIFIED.

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Abstract

In a recent paper Patrick Massey raised serious concerns about the quality of analysis in the Irish Competition Authority’s merger determinations.3 One of the five merger determinations reviewed could have been cleared, others perhaps prohibited. To improve the merger control process it was suggested that: * third or non-merging parties should have the right to appeal a Competition Authority merger determination to the Courts. Such third parties might include unsuccessful bidders for the acquired firm as well as competitors, suppliers and customers of the merged entity; and, * the Competition Authority should undertake a full scale ex post review of its merger determinations to identify possible errors and areas for improvement. A number of leading competition agencies have undertaken such reviews. We consider the merits of these proposals and of the criticisms of Competition Authority merger determinations.

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