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The Irish Government recently published the Media Regulation Bill 2026 (Bill) which proposes material changes to the review of media-related businesses in Ireland under the Competition Act 2002 (as amended) (Competition Act).
The Bill aligns the Competition Act with certain changes introduced by the European Media Freedom Act (EU Regulation 2024/1083) (EMFA) which came into effect in August 2025.
The main changes under the Bill are that:
(i) notifiable media mergers will require the target (or joint venture (JV)) to have a media business in Ireland,
(ii) approval by Coimisiún na Meán (CnaM) will be needed for media mergers based on a new test of pluralism of the media and editorial independence in Ireland, and
(iii) a new “call-in”/information system for CnaM to review media-related transactions in Ireland that do not otherwise qualify as notifiable media mergers.
In Ireland, the review of media-related transactions (including media mergers) should also be seen in light of possible EU or Irish merger control and Irish FDI screening requirements.
What is the current position regarding media mergers in Ireland?
Media mergers (as currently defined) must be notified first to the European Commission (Commission) under the EU Merger Regulation (EUMR) if they have an EU dimension or, if not, to the Competition and Consumer Protection Commission (CCPC) on competition grounds.
If approved, on competition grounds, they must then be notified to the Minister for Culture, Communications and Sport (Minister) on media plurality grounds.
A media merger involves a transaction where at least two parties to the transaction have media businesses (one of which must involve a media business in Ireland).
What does the EMFA do?
The EMFA aligns how media mergers are reviewed in different Member States.
The main aim of the EMFA is to enhance editorial freedom and facilitate cross-border trade while imposing an obligation on Member States to have a national regime for the review of transactions which could have a “significant impact on media pluralism and editorial independence”.
The EMFA sets out criteria that national regulators, including CnaM, must apply when reviewing media mergers (and these criteria are reflected in the substantive test under the Bill).
What is a “media merger” under the Bill?
All media mergers (as defined) must be notified and approved first by either the Commission or CCPC and then by CnaM.
The Bill changes the current definition of a media merger under the Competition Act to:
Broadly, an undertaking involved is the same as an undertaking concerned under the EU Merger Regulation.
What does “carries on a media business in Ireland” mean under the Bill?
An undertaking carries on a media business in Ireland where the media business has, in its most recent financial year, made sales in Ireland (whether or not physically present in Ireland) of at least €2 million.
What is a media business under the Bill?
A “media business” is one that solely or partly provides a “media service” or operates an “online platform” (understood by reference to the definition in Regulation 2022/2065) that provides access to media content. This means, for example, that an online platform may be in scope even if it does not itself exercise editorial responsibility over the content it carries.
A “media service” is defined under the EMFA as “a service where the principal purpose thereof consists in providing programmes or press publications, under the editorial responsibility of a media service provider, to the general public, by any means, in order to inform, entertain or educate”.
In practice, this may capture national news publishers, audiovisual broadcasters and digital platforms that aggregate or distribute media content in Ireland.
What is the new substantive test for CnaM to review a media merger under the Bill?
Reflecting the EMFA, CnaM (a specialist media (including broadcasting) regulator in Ireland) will examine and form a view as to whether the media merger would be “contrary to the public interest in protecting plurality of the media and editorial independence in [Ireland]”.
While there are criteria for reviewing media plurality under the Act, there is no definition of “editorial independence” either in the EMFA or the Bill (though indicators in Recital 68 of the EMFA may be relevant - e.g. “the potential risks of undue interference by the prospective owner, management or governance structure in the editorial decisions of the acquired or merged entity”) and CnaM is required to apply the “relevant criteria” under the Competition Act as well as Article 22(2)(a)-(e) of EMFA which include media plurality and editorial independence-related criteria.
The new “call-in” power/information mechanism under the Bill
The Bill introduces a call-in power for CnaM for media-related transactions which are not required to be notified to CnaM and a facility for parties voluntarily to inform CnaM of such transactions:
The Bill does not expressly address how CnaM call-in power interacts with the CCPC's existing call-in power under the Competition Act.
In principle, both regulators may have an interest in the same sub-threshold transaction (CnaM on plurality of the media and editorial independence grounds, and the CCPC on competition grounds).
While the Bill requires CnaM to consult with the CCPC before exercising its call-in power, the CCPC is not required to consult with CnaM before calling in a transaction under the Competition Act where it has a media dimension.
In the absence of legislative clarity, guidance and practice, this could lead to additional deal and timing uncertainty (e.g. where both regulators exercise their respective call-in powers and particularly at different times).
Are the timeframes for the CnaM to make a determination on a media merger different under the Bill?
Broadly no - the timeframes for media merger determinations remain:
These timeframes are extendable, including where CnaM requires further information or remedies are offered.
M&A parties should factor in these timelines alongside any Commission or CCPC approval required (as well as other parallel merger control (or FDI screening) reviews when drafting conditions precedent or setting long-stop dates in transaction agreements.
Irish FDI screening factors
Separately, it is worth noting that media plurality is one of the factors taken into account under the Screening of Third Country Transactions Act 2023 (i.e. where a non-EU/EEA/Swiss entity acquires a sufficient interest in an undertaking or an asset in Ireland).
Are there other changes under the Bill?
Yes, and these include the consultation process in Phase 2 by CnaM with other public bodies as well as a more closely aligned procedural approach to the review of media mergers by CnaM with that of the CCPC (including in relation to the types of transaction that are notifiable (including with a specific reference to JVs and gun-jumping).
Concluding remarks
The Bill is currently progressing through the Irish legislative system.
The Bill aligns the Irish media merger system to that of the EMFA on pluralism of the media and editorial independence grounds.
Irish media merger control has been lively over the last number of years and any media consolidation in Ireland will be subject to a still more rigorous system as a result of the effect of the EMFA as reflected under the Bill.
For more information, please contact Alan McCarthy, Richard Hourihan, or any member of A&L Goodbody’s EU, Competition & Procurement team.
Date published: 6 May 2026
