Ireland: Competition law, merger control and FDI screening - looking ahead to 2026 and highlights in 2025

Below is a look ahead to 2026 for competition law, merger control and FDI screening in Ireland as well as some highlights in 2025.

Looking ahead to 2026 in Ireland – Some predictions:

Competition law:

• The CCPC to be given the power to access and process public procurement data for the purposes of detecting potential bid-rigging.
• A material increase in competition law enforcement activity by the Competition and Consumer Protection Commission (CCPC) including greater use of its powers under the administrative enforcement system and its enhanced surveillance powers.
• More reports/studies on certain sectors of the Irish economy (particularly in relation to services) as reflected in the CCPC’s recent “State of Competition in Ireland” study, reflecting the Irish Government’s overall approach to competitiveness with a focus on growth, controlling costs for business and consumers, as well as reducing burdens on SMEs.
• Greater competition law engagement by the CCPC in digital markets.
• Continued coordination between the CCPC, the European Commission and other Member State competition authorities.
• Exercise of powers of the European Commission under the Foreign Subsidies Regulation in Ireland.
• More CCPC sectoral reports on competition in Ireland.

Merger control:

• An emphasis by the CCPC on: (i) rigorously enforcing merger control generally, (ii) focusing on problematic mergers, (iii) developing its overall approach to both structural and behavioural remedies and (iv) assessing local/regional effects.
• Higher Irish merger control thresholds expected in Q1 2026 resulting in reduction of (often no-issue) notifications to the CCPC.
• The CCPC’s approach to calling-in below-threshold transactions will remain pragmatic, and will be limited to transactions where there is a material issue to assess. These powers will become more important when the compulsory notification thresholds increase, and their deployment in respect of roll-ups and/or bolt-on acquisitions can not be ruled out.
• The CCPC’s appetite for Article 22 referrals to the European Commission will be informed by the outcome of the General Court’s ruling in the Nvidia/RunAI case.
• Continued emphasis by the CCPC on the use of pre-notification contacts in appropriate cases.
• Publication of new Merger Guidelines to reflect up-to-date best practices and recent areas of merger control developments (e.g. evolving approach to the application of the SLC test, assessment of competitive effects, market definition and counterfactuals). There may also be an openness by the CCPC to consider arguments regarding efficiencies and growth-related aspects of transactions.
• Ex-post remedies review to kick off in Q4 2026.

FDI (and outbound) screening:

• As global events unfold and with increased emphasis on EU economic security, still greater scrutiny by the Department of Enterprise, Tourism and Employment (Department) of transactions in terms of what is critical to security or public order in Ireland.
• An updated Irish FDI screening Guidance document by the Department reflecting issues that have arisen over the last 12 months in relation to the application of the Screening of Third Country Transactions Act 2023 (Irish Screening Act) (including further guidance on “criticality” in the context of third country investments in undertakings and assets in Ireland active in sensitive sectors).
• If Regulation (EU) 2019/452 on screening of FDI into the EU is amended in 2026, there may be amendments to the Irish Screening Act (though there is a reasonable likelihood of a longer transitional period of implementation for all Member State screening authorities). While details remain to be disclosed, the amended EU Regulation seems likely at this stage to result in requirements for Member State screening authorities to give greater consideration to and regard for the views of the European Commission and other Member State screening authorities on notified FDI transactions.
• Reporting by the Department to the European Commission on its reaction to the outbound screening consultation.

February – Following an unannounced inspection of offices of Ryanair in March 2024 by the CCPC (alongside the Autorità Garante Della Concorrenza e Del Mercato (AGCM)) under Regulation (EC) No 1/2003, the Court of Appeal dismissed an appeal challenging aspects of the validity of the unannounced inspection. Source: Ryanair DAC and Anor v the CCPC and the AGCM.

March - Brian Kennedy, Senior Counsel, was appointed as Chief Adjudication Officer at the CCPC - the Chief Adjudication Officer role was created by the Competition (Amendment) Act 2022 (2022 Act) which established a new administrative enforcement system in Ireland for breaches of EU and Irish competition law. It created a new administrative adjudication system under which the CCPC can, through independent adjudication officers and subject to court confirmation, now make decisions concerning alleged infringements of EU and Irish competition law and impose administrative financial sanctions of up to €10m or 10% of total worldwide turnover. Source: CCPC welcomes Brian Kennedy, Senior Counsel, as Chief Adjudication Officer - CCPC Business

April - the CCPC participated in a joint statement published by the competition authorities of Austria, Belgium, Czechia, Netherlands and Portugal regarding the strengthening of competitiveness and competition in the Single Market, without compromising competition at national level. Source: Strengthening Competitiveness and Competition in the EU Single Market - CCPC Business

May - the CCPC reported that it had carried out unannounced inspections of businesses active in the betting industry as part of an on-going criminal investigation into potential breaches of competition law. Source: CCPC conducts searches of businesses in the betting sector - CCPC Business

July - the CCPC issued warning letters to the Irish motor industry following reports of alleged anti-competitive practices in the sale, maintenance and repair of motor vehicles. The CCPC stated that: “… under competition law, consumers must not be prevented from freely choosing who services or repairs their vehicle, or what parts they use.” Source: CCPC issues warning to motor industry following reports of anticompetitive practices - CCPC Business

July – While primarily consumer protection-based, the CCPC published a report on house purchasing and focusing on the current information landscape of the Irish residential property sector, identifying key gaps and proposing actionable solutions (including improving competition in relation to conveyancing – “the CCPC is reiterating its call for the Government to expediate the introduction of a new profession of conveyancer, a recommendation that has also been supported by the OECD”). Source: Room for improvement: Examining information availability in residential property purchases - CCPC Business

August - the CCPC published an update to its 2023 high-level analysis of the grocery sector in Ireland, reporting that, while food prices have increased significantly in recent years in Ireland, “there is no evidence that competition is not working in the Irish grocery retail sector”. Source: CCPC publishes update to high-level grocery sector analysis - CCPC Business

November – there was a further challenge in the High Court regarding the unannounced inspection of Ryanair’s premises by the CCPC (alongside the AGCM in 2024) and specifically on a procedural issue. In summary, the High Court did not issue orders granting the return of documents taken from the premises. Source: Judgments | The Courts Service of Ireland

November – Geoffrey Gray (economist) was appointed as a Member of the CCPC with effect from 19 January 2026. Source: CCPC welcomes the appointment of Geoffrey Gray as Member of the Commission - CCPC Business

November – the CCPC reported that Chartered Accountants Ireland had agreed to change its policy on transferring active training contracts between accounting firms in Ireland following engagement with the CCPC. Source: CCPC secures policy change to remove competition restrictions for trainee accountants - CCPC Business

December – the CCPC announced that a panel of independent adjudication officers had been appointed to the CCPC by the Minister for Enterprise, Tourism and Employment (Minister) with effect from 27 November 2025. These adjudicators will be part of the new system of administrative decision-making regarding alleged breaches of EU and Irish competition law. Their experience covers competition law, economics, regulation, legal practice and international enforcement. The appointments are for a five-year term and they will work with the Chief Adjudication Officer, Brian Kennedy SC. Source: CCPC welcomes appointment of independent adjudication officers by Minister for Enterprise, Tourism and Employment - CCPC Business

December – as anticipated by the Department of Enterprise, Tourism and Employment (Department) in its September publication: “Action Plan on Competitiveness and Productivity” (Action Plan on Competitiveness and Productivity), the CCPC published a report entitled “State of Competition in Ireland”. The report suggests that competition has weakened in areas within the services sector in recent years.  Source: CCPC’s State of Competition highlights an increase in industry concentration - CCPC Business

December - the CCPC opened a consultation into draft rules for competition adjudication oral hearings and draft guidelines on the conduct of competition adjudication proceedings. The 2022 Act creates the role of adjudication officers and the appointment of the Chief Adjudication Officer (see above). The CCPC regards the adjudication officers as the CCPC’s “decision-makers in respect of alleged breaches of competition law pursuant to an independent adjudication process”. Source: CCPC launches public consultation on competition adjudication rules and guidelines - CCPC Business

December – guilty verdicts were handed down in the Irish Central Criminal Court for alleged bid-rigging/collusive tendering in relation to a tender competition for the provision of publicly funded school transport services in Ireland. Source: CCPC welcomes unanimous guilty verdict in school bus transport cartel case - CCPC Business.

Transactions cleared subject to commitments

February - acquisition by Phoenix Tower of Cellnex cleared subject to commitments, including the divestment of sites in areas where the effect of the transaction would have been to reduce the number of competitors offering hosting services on macro passive infrastructure from 3 to 2 or from 2 to 1.

Source: M/24/018 - Phoenix/Cellnex - CCPC Business

April - the acquisition by KWD Group of Bord na Móna Recycling cleared subject to commitments, including divestment of a number of domestic and ‘commercial & industrial’ customers in certain areas to another waste collection provider.

Source: CCPC issues decision on KWD Group acquisition of Bord na Móna Recycling - CCPC Business

June - the acquisition of CG Hotels by Dalata Hotel Group cleared subject to commitments, including relating to the future management and operation of a Dublin Airport hotel.

Source: CCPC clears proposed acquisition of CG Hotels by Dalata subject to binding commitments - CCPC Business

July - the acquisition of certain Pelco-operated, Texaco-branded service stations by Circle K cleared subject to commitments which included Circle K not proceeding with the proposed acquisition of a particular service station and the divestment of a second service station to another operator under a long-term lease arrangement).

Source: CCPC clears Circle K/Pelco deal with binding commitments - CCPC Business

October – the acquisition of Perry’s Cash and Carry Limited by BWG Foods cleared subject to commitments, including a divestment of shareholdings in a retail grocery store and a wholesaler-owned marketing and buying group as well as an information sharing firewall protection. 

Source: CCPC clears BWG’s acquisition of Perry’s Cash and Carry subject to binding commitments - CCPC Business

The Screening of Third Country Transactions Act 2023 (Irish Screening Act) came into operation in January 2025 (source: pdf). It is a confidential notification system and no statistics have yet been published (though there will be a report published by the Department later this year with aggregated statistics for 2025). Based on market intelligence, we understand that:

• no transactions have been prohibited.
•  a small number of transactions have been approved subject to conditions (e.g. relating to maintenance of pre-existing supply obligations in the context of certain sensitive sectors in Ireland).
• no transactions “called-in” for review by the Minister.
• the average review period is c.45 calendar days.

A&L Goodbody’s EU, Competition and Procurement team is expert in advising a wide range of Irish and international clients on all aspects of competition law, merger control and FDI screening in Ireland. In addition, the team is widely recognised as leaders in Ireland in advising on these areas and for the quality of its advice.

For more information, please contact any member of the EU, Competition & Procurement team. 

Date published: 9 January 2026