Alpha / The Herald [2008] IECompA m08038 (23 December 2008)
- Status
- Judgment
- Jurisdiction
- Ireland
- Posture
- Merger Notification / Phase 1 Clearance
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Professional case brief
Research organized from the available case record
01
Holding and result
The Competition Authority found that the proposed acquisition would not substantially lessen competition in the relevant market and therefore cleared the merger at Phase 1.
Court disposition
merger cleared
Orders
- The proposed acquisition of The Herald Printing and Publishing Company Limited by Alpha Publications Limited is cleared under Phase 1.
02
Material facts
Parties
Alpha Publications Limited
AcquirerThe Herald Printing and Publishing Company Limited
Target03
Procedural history
Posture
Merger Notification / Phase 1 Clearance
04
Questions and positions
Legal issues
Whether the proposed acquisition would substantially lessen competition in the regional newspaper publishing sector
Party arguments
- Applicant
- Alpha Publications Limited argued that the acquisition would not adversely affect competition as both parties operate in distinct regional markets and the combined entity would continue to face competition from other publishers.
- Respondent
- The Herald Printing and Publishing Company Limited did not oppose the merger and submitted that the transaction would not result in anti-competitive effects.
05
Court’s reasoning
Legal principles
- 01
Irish Competition Act 2002
Assessment of mergers under Irish Competition Act to determine substantial lessening of competition
06
Ratio, limits and disposition
Ratio decidendi
The Competition Authority found that the proposed acquisition would not substantially lessen competition in the relevant market and therefore cleared the merger at Phase 1.
Court disposition
merger cleared
- The proposed acquisition of The Herald Printing and Publishing Company Limited by Alpha Publications Limited is cleared under Phase 1.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Irish Competition Authority Decisions >> Alpha / The Herald [2008] IECompA m08038 (23 December 2008) URL: https://www.bailii.org/ie/cases/IECompA/2008/m08038.html Cite as: [2008] IECompA m08038, [2008] IECompA m8038 [ New search ] [ Help ] Alpha / The Herald [2008] IECompA m08038 (23 December 2008) Page Attachment M08038 Alpha Publications The Tuam Herald_public_0.pdf (76.18 KB) (76.18 KB) Transaction details The Proposed acquisition of the Herald Printing and Publishing Company Limited by Alpha Publications Limited. Economic sector Media merger The Regional Newspaper Publishing Sector Yes Notification date: Tuesday, December 23, 2008 Parties Involved Business activities Cadbury Beverages Ltd Cantrell & Cochrane Group Ltd APL is part of the Alpha Newspaper Group which supplies weekly regional newspapers in Northern Ireland and the Midlands. APL sells advertising space in its newspapers. Alpha Publications Limited HPPC publishes the Tuam Herald, which is a weekly newspaper, published every Wednesday. HPPC sells advertising space in the Tuam Herald. The Herald Printing and Publishing Company Limited Case Officer Assigned Contact Details Ms. Anne Ellis Tel: 01-804 5423, email:ae@tca.ie The deadline for any third parties who wish to make submissions regarding the competition aspects of this merger is: Phase 1 Saturday, January 3, 2009 Current status Completed Cleared (Phase 1) Decision date: Thursday, January 22, 2009 Competition and Consumer Protection Commission (Ireland) © BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/ie/cases/IECompA/2008/m08038.html
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