The Competition and Consumer Protection Commission (CCPC) has welcomed an increase in the financial thresholds that trigger a mandatory merger notification. The revised thresholds have been signed into law and take effect on 1 July 2026. It is the first increase since 2019.
What is changing
At present, a deal must be notified to the CCPC where the combined turnover in the State of the businesses involved is €60 million or more, and where at least two of those businesses each have turnover of €10 million or more. Once a deal is notified, the CCPC conducts an investigation and determines whether to approve it, reject it, or approve it subject to conditions, depending on its effect on competition in the relevant sector.
From 1 July 2026, those figures will increase. The aggregate threshold moves to €100 million, and the individual threshold to €15 million. Mergers above the new figures will require notification in the usual way, and deals already notified to the CCPC are unaffected.
The deals to watch
The transactions most affected are those sitting between the old and new thresholds: combined turnover above €60 million but below €100 million, with at least two parties each between €10 million and €15 million. For such transactions, completion timing is now a big deciding factor.
Parties with a deal in this range have a choice. They can notify before 1 July under the current rules, or complete after 1 July without a mandatory notification. One important point to keep in mind is that a transaction that is notifiable under the current thresholds cannot be completed before 1 July without first obtaining CCPC clearance.
A word of caution
Falling below the thresholds does not put a deal entirely beyond reach. The CCPC retains the power to call-in transactions that sit below the notification thresholds. Parties should assess whether a voluntary notification is appropriate and the more prudent route and seek legal advice where necessary.
“For smaller deals this is a welcome lightening of the load,” said Sara Hantash, solicitor in the Corporate team at Gore & Grimes. “The detail is where it counts. If you have a transaction sitting close to the old thresholds over the coming weeks, the completion date now decides whether you need to notify at all, so it is worth getting that timing right early.”
The CCPC has advocated for this change which will allow it to focus on higher-value mergers that are more likely to raise competition concerns in specific markets across Ireland, while easing the cost and regulatory load on smaller deals that pose no real competition risk.
If you are considering a transaction that may be affected by the new thresholds, contact Sara Hantash in our Corporate and Commercial team at sara.hantash@goregrimes.ie or on +353 1 8045606.
