The Department of Enterprise, Tourism and Employment (DETE) has notified the Competition and Consumer Protection Commission (CCPC) about a procedural issue that has led to the lapse of S.I. No. 243 of 2026. This amendment, which adjusted the financial thresholds for mandatory merger notifications, is no longer in effect as of September 30, 2026.

As a result, the lower merger notification thresholds established by the Competition Act 2002 (Section 27) Order 2018 will be reinstated. These thresholds require that undertakings involved in transactions have an aggregate turnover in the State of at least €60 million, with at least two of the undertakings having a turnover of not less than €10 million each.

Undertakings that have transactions agreed but not yet implemented should review their compliance with these thresholds. If they meet the criteria and have not notified the CCPC, they are advised to do so under section 18(1) of the 2002 Act.

For transactions implemented on or after September 30, 2026, the same thresholds apply. If these transactions meet the criteria and have not been notified, the undertakings should contact the CCPC promptly.

The CCPC has stated that it will not initiate any investigations regarding transactions that were not notified due to the lapse of the statutory instrument. Transactions that were completed between July 1, 2026, and September 29, 2026, while the previous thresholds were in effect, are not affected by this lapse and do not require notification.

While the CCPC aims to assist affected undertakings, the guidance provided should not be considered legal advice. The CCPC is prepared to collaborate with any impacted parties needing to notify transactions.