Media mergers are covered by the Competition Act, 2002. The Advisory Group on Media Mergers’ Report of June 2008 on media mergers recommended that the Competition Authority should remain responsible for the examination of the lessening of competition test and that the appropriate Minister should have responsibility for a new public interest test.
Recent statistics show there are a small number of media mergers each year, most of which do not require in-depth examination under the Competition Act, 2002 (so called “Phase 2” investigations). The last media merger that required a “Phase 2” investigation was in 2009.
-
|
2008
|
2009
|
2010
|
2011
|
2012
|
2013
|
Total 2008-2013
|
Total number of mergers notified to the Competition Authority
|
37
|
27
|
46
|
40
|
33
|
37
|
220
|
Total number of media mergers
|
5
|
2
|
8
|
5
|
3
|
5
|
28
|
Number of media mergers that went to Phase 2
|
0
|
1
|
0
|
0
|
0
|
0
|
1
|
Media mergers decided upon
|
6
|
3
|
8
|
3
|
5
|
4
|
29
|
These figures do not bear out the suggestion that the presence or lack of legislation has been damaging to the diversity of content within the sector or with its overall development.
The Competition and Consumer Protection Bill will implement, for the most part, the recommendations of the Advisory Group on Media Mergers. Publication of the Bill is expected in the coming weeks. Post-enactment, responsibility for the public interest aspect of media merger determinations will transfer to the Minister for Communications, Energy and Natural Resources.