BnM Fuels Ltd/Fuel Distributors Ltd. [1996] IECA 458 (26th February, 1996)

BnM Fuels Ltd/Fuel Distributors Ltd. [1996] IECA 458 (26th February, 1996)

The Authority is limited to considering only the retail coal sales to domestic consumers and non-coal stevedoring services, as other aspects fall under the exclusive jurisdiction of the European Commission. The notified agreement, as considered, does not prevent, restrict, or distort competition within the State and does not offend Section 4(1) of the Competition Act, 1991.

Citation
[1996] IECA 458
Parties
Purchaser: BnM Fuels Ltd; Vendor: Fuel Distributors Ltd (FDL); Vendor: National Coal Company Ltd (NCC)
Jurisdiction
Ireland
Procedural Posture
Competition Authority Decision / Final Decision
Outcome
Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.
Legal Topics
Merger Control, Asset Purchase Agreement, Market Definition, Jurisdiction Under ECSC Treaty, Section 4 Competition Act 1991
Competition Law Commercial Law Merger Control Asset Purchase Agreement Market Definition Jurisdiction Under ECSC Treaty Section 4 Competition Act 1991

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Parties

BnM Fuels Ltd

Purchaser

Fuel Distributors Ltd (FDL)

Vendor

National Coal Company Ltd (NCC)

Vendor

Procedural Posture

Competition Authority Decision / Final Decision

Legal Issues

  1. 1 Whether the Asset Purchase Agreement between BnM Fuels Ltd, FDL, and NCC offends Section 4(1) of the Competition Act, 1991
  2. 2 Whether the Competition Authority has jurisdiction over the transaction given the ECSC Treaty
  3. 3 Whether the notified arrangements prevent, restrict, or distort competition in the State

Ratio Decidendi

The Authority is limited to considering only the retail coal sales to domestic consumers and non-coal stevedoring services, as other aspects fall under the exclusive jurisdiction of the European Commission. The notified agreement, as considered, does not prevent, restrict, or distort competition within the State and does not offend Section 4(1) of the Competition Act, 1991.

Court Disposition

Certificate granted; agreement does not offend Section 4(1) of the Competition Act, 1991.

Orders

  • The Competition Authority certifies that the Asset Purchase Agreement dated 12 July 1995 between BnM Fuels Ltd, Fuel Distributors Ltd (FDL) and the National Coal Company Ltd., notified on 4 July 1995 under Section 7, does not offend against Section 4(1) of the Competition Act, 1991.