I have now cleared all policy aspects of a general scheme of a Bill to give effect to certain recommendations of the Competition and Mergers Review Group, including those arising from the report of the Commission on the Newspaper Industry. I expect to circulate the scheme to other Departments during this month with a view to obtaining an early Government decision to authorise drafting of the Bill and I expect to be in a position to publish the Bill later this year. It is my intention that the new legislation will strengthen existing arrangements in relation to newspapers/media mergers, in particular, first by extending the scope of enterprises to be covered beyond those which at present are covered by the newspapers order to include enterprises in the wider media field. Merger control will apply to these enterprises irrespective of size; second, by introducing public interest criteria specifically geared to the media sector; and third by extending merger law to cover acquisitions of control of an undertaking by means other than the acquisition of shares or assets.
It is not clear at this stage whether the individual case to which the Deputy refers will result in a notification to me under the Mergers and Takeovers (Control) Acts, 1978 to 1996, or to the European Commission under the EU merger legislation. If it is the former, I point out that the Mergers and Takeovers (Control) Acts, 1978, to 1996, in their present form do provide for considerations relating to the common good as well as to competition.
Under EU law large-scale mergers and acquisitions which have a Community dimension as defined by the EU merger regulations are subject to pre-notification to the EU Commission. While my Department and the Competition Authority can make their views known to the Commission on these cases, as indeed can other interested parties, it is the Commission which makes the final decision.
