Talk:Ireland (April 10, 2002)

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Ireland 2002 Divestitures

This statutes allows the authority to condition a merger on compliance with certain steps. Kenya's statute is almost identical and Hylton said to code that as divestiture.

Art. 22(3)(c) states that a merger "may be put into effect subject to conditions specified by it being complied with."

Moreover, Art. 26(2) states that the court may issue an injunction to put those conditions into effect: "It shall be lawful for a court of competent jurisdiction to grant an injunction on the motion of the Authority or of any other person to enforce compliance with the terms of a commitment, a determi- nation or an order, for the time being in force."

--AchalOza 12:43, 2 July 2007 (EDT)

Hylton: If the statute claims that the authority can condition approval on divestiture or claims the power to require divestiture in a merger context (for a violation), then code it as divestiture equals one, but include a comment that the divestiture is only for merger.

--AchalOza 08:46, 8 July 2007 (EDT)

Ireland 2002 Pre or Post Merger Notification

Does this sound like a pre or post merger notification? It requires notice only of the proposal, so I think it's pre.

Art. 18 - "each of the undertakings involved in the merger or acquisition shall notify the Authority in writing of the proposal to put the merger or acquisition into effect, and provide full details thereof, within 1 month after the conclusion of the agreement or the making of the public bid."

Moreover, Art. 22(3) states that "[o]n completion of a full investigation in relation to the merger or acquisition concerned, the Authority shall make whichever of the following determinations it considers appropriate, namely that the merger or acquisition— (a) may be put into effect; (b) may not be put into effect; or (c) may be put into effect subject to conditions specified by it being complied with."

I think from this, pre-merger notification can be inferred.

--AchalOza 12:27, 2 July 2007 (EDT)

Agreed. --Kajrozga 19:00, 8 July 2007 (EDT)

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