KKR / GMAC Commercial [2005] IECompA m05055 (1 September 2005)

KKR / GMAC Commercial [2005] IECompA m05055 (1 September 2005)

The authority determined that the proposed acquisition would not substantially lessen competition in any market in Ireland, as there was no significant overlap in the parties' activities in the relevant sectors.

Parties
Acquirer: Kohlberg Kravis Roberts & Co. L. P. (KKR); Acquirer: Five Mile Capital Partners LLC (FMCP); Acquirer: GS Capital Partners (GSCP); Target: GMAC Commercial Holding Corp (GMACCH); Seller: General Motors Acceptance Corporation/GMAC Mortgage Group, Inc. (GMAC)
Jurisdiction
Ireland
Judgment Date
01 September 2005
Procedural Posture
Merger Notification / Phase 1 Decision
Outcome
Cleared
Legal Topics
Acquisition of Control, Notification of Concentration
Competition Law Merger Control Acquisition of Control Notification of Concentration

Case Brief

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Parties

Kohlberg Kravis Roberts & Co. L. P. (KKR)

Acquirer

Five Mile Capital Partners LLC (FMCP)

Acquirer

GS Capital Partners (GSCP)

Acquirer

GMAC Commercial Holding Corp (GMACCH)

Target

General Motors Acceptance Corporation/GMAC Mortgage Group, Inc. (GMAC)

Seller

Procedural Posture

Merger Notification / Phase 1 Decision

Legal Issues

  1. 1 Whether the proposed acquisition of 60% of GMACCH by the Investor Group led by KKR would substantially lessen competition in any market in Ireland.

Ratio Decidendi

The authority determined that the proposed acquisition would not substantially lessen competition in any market in Ireland, as there was no significant overlap in the parties' activities in the relevant sectors.

Court Disposition

Cleared

Orders

  • The proposed acquisition is approved and may proceed.