Proposed Changes To Ireland's Media Merger Rules By The Media Regulation Bill

On 26 February 2026, the Minister for Culture, Communications and Sport (the “Minister”) published the Media Regulation Bill 2026  (the “Media Regulation Bill”). The Media Regulation Bill proposes a number of amendments to the Competition Act 2002 (as amended) (the “Competition Act”) in order to implement the main provisions of Regulation (EU) 2024/1083¹, the European Media Freedom Act (the “EMFA”), in Ireland. If enacted, the Media Regulation Bill will reform the current framework for the assessment of media mergers in Ireland.

The Current Position 

The obligation to notify a media merger arises regardless of whether the standard financial thresholds for merger notification under the Competition Act are triggered.² Part 3A of the Competition Act sets out the framework governing Ireland's existing media merger regime. Under this framework, a media merger is subject to mandatory notification where both undertakings involved in a transaction carry on a media business and at least one of those undertakings does so in Ireland. An undertaking is considered to carry on a media business in Ireland where it satisfies either of two alternative thresholds:

1. maintaining a physical presence in Ireland; or
2. generating annual turnover of at least €2 million in Ireland.

Under the current regime, all media mergers falling within the mandatory notification threshold are subject to a dual notification requirement:

1. A competition assessment by the Competition and Consumer Protection Commission (the “CCPC”) pursuant to the Competition Act (or, where applicable, by the European Commission under the EU Merger Regulation); and
2. a review by the Minister to evaluate the potential impact of the merger on media plurality in Ireland.

Changes Proposed

The Media Regulation Bill proposes to implement the EMFA in Ireland. The EMFA is an EU regulation that aims to safeguard media pluralism and editorial independence by harmonising national rules across the EU. The key elements of the Media Regulation Bill are outlined below.

Procedural Changes 

Transfer of Media Mergers Assessment Responsibility from the Minister to Coimisiún na Meán

Full responsibility for assessing the impact of media mergers on plurality and editorial independence will transfer from the Minister to Coimisiún na Meán, Ireland’s independent media regulator and development agency. This gives effect to the EMFA’s requirement that Member States’ designated media regulator is substantively involved in assessing media market concentrations. The competition law assessment will continue to be carried out by the CCPC (or the European Commission under the EU Merger Regulation).

State Advertising Transparency

The Media Regulation Bill also introduces new transparency requirements for state advertising. Public bodies will be required to report annually on their advertising expenditure, and Coimisiún na Meán will publish an annual report based on this data. Media businesses that rely on state advertising revenue should note the increased scrutiny this will bring.

Media Ownership Database

Additionally, Coimisiún na Meán will be tasked with developing and maintaining a media ownership database covering media service providers active in Ireland. This is intended to support more robust plurality assessments and increase transparency regarding ownership structures in the Irish media market.

Substantial Changes 

Revised Notification Trigger

Under the proposed changes, the notification obligation will turn on whether the target, rather than both parties, carries on a media business in Ireland. Accordingly, a non-media purchaser acquiring an Irish media business will trigger the regime, whereas an Irish media purchaser acquiring a foreign media business will not. This represents a significant departure from the existing framework, under which a media merger may be subject to mandatory notification even where only the purchaser carries on a media business in Ireland, notwithstanding that the transaction may have minimal or no substantive impact on the Irish media landscape.

Turnover-Only Threshold

The criteria for determining whether a business constitutes a “media business in Ireland” are proposed to be amended. The existing physical presence limb of the test will be removed, leaving the €2 million annual turnover threshold in Ireland as the sole qualifying criterion. As a result, transactions involving smaller, local media businesses that have a physical presence in Ireland but fall below the €2 million annual turnover threshold will no longer be subject to mandatory notification under the proposed regime.

Expanded Definition of “Media Business”

The definition of “media business” is being expanded beyond traditional broadcasting and news-focused outlets to include media service providers and online platforms that provide access to media content. This will significantly widen the types of transactions caught, bringing online platforms, streaming services, social media companies and other digital content providers within scope for the first time, even where the content is primarily entertainment or education rather than news.

Gun-Jumping

Under the Competition Act, implementing a notifiable merger before receiving CCPC clearance constitutes “gun-jumping” and is a criminal offence. The Media Regulation Bill introduces a new and distinct gun-jumping offence specifically for media mergers, making it a criminal offence to implement a notifiable media merger without obtaining approval from Coimisiún na Meán. Parties cannot notify Coimisiún na Meán until after the CCPC has dealt with its phase of the review, meaning the new Coimisiún na Meán gun-jumping risk arises only in the window between CCPC clearance and Coimisiún na Meán approval. Parties should therefore ensure that transaction documentation includes two separate regulatory clearance conditions precedent, one for CCPC clearance and one for Coimisiún na Meán approval, and that no steps are taken to implement the transaction between those two stages.

Call-In Power

Even where a transaction does not meet the media merger notification thresholds, Coimisiún na Meán may, following consultation with the CCPC, require the undertakings involved to notify the transaction and provide full details of the merger or acquisition, where it considers that the transaction may have a significant impact on media plurality or editorial independence in Ireland. This mirrors the existing below-threshold call-in power available to the CCPC under the Competition Act, though the two powers operate on different grounds, the CCPC's call-in is based on competition concerns, while Coimisiún na Meán’s is based on media plurality and editorial independence. 

Voluntary Notification 

Even where a transaction does not meet the media merger notification thresholds, parties to the transaction may notify the transaction to Coimisiún na Meán on a voluntary basis. Coimisiún na Meán has 10 working days following receipt of the information notice and following consultation with the CCPC, to decide whether to require a full notification. However, this 10 working day period can be suspended where Coimisiún na Meán requests further information. If Coimisiún na Meán decides to require a full notification, it shall inform the undertakings of that decision by notice in writing, and that decision is deemed to be a requirement under the call-in power, meaning the full media merger review process will then apply.

Key Risks and Practical Implications

The Media Regulation Bill, if enacted, will have a number of practical implications for businesses operating in or entering the Irish media market. In particular, businesses in the digital and online content sectors that have not previously engaged with the Irish media merger regime should assess whether their activities could now fall within scope. The introduction of a specific gun-jumping offence underscores the importance of building regulatory clearance into transaction documentation as a condition precedent. Additionally, Coimisiún na Meán's new call-in power means that no media-related transaction can be assumed to fall outside the regime's reach, and parties should consider whether a voluntary notification may be prudent in borderline cases.

Parties should also be mindful that the Screening of Third Country Transaction Act 2023 may apply in parallel, requiring notification to the Minister where the transaction involves non-EU/EEA investors and raises potential security or public order concerns.

Footnotes

1 Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU, the European Media Freedom Act.

2 Under Section 18(1) of the Competition Act, mandatory merger notification to the CCPC is required if, in the most recent financial year, the combined turnover in Ireland of the undertakings involved is at least €60 million, and at least two undertakings have an individual Irish turnover of at least €10 million. This does not apply to media mergers.